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TEXAS & NEW ORLEANS RAILROAD CO. v. RAILROAD COM'N

No. A-4463.

286 S.W.2d 112 (1955)

TEXAS & NEW ORLEANS RAILROAD CO. et al., Appellants, v. The RAILROAD COMMISSION of Texas et al., Appellees.

Supreme Court of Texas.

Rehearing Denied February 15, 1956.

Attorney(s) appearing for the Case

Baker, Botts, Andrews & Shepherd, Edwin N. Bell, Hutcheson, Taliaferro & Hutcheson, Thomas O. Arnold, Houston, Wigley, McLeod, Mills & Shirley, Ballinger Mills, Jr., and J. L. McMicken, Galveston, G. H. Penland, Mart W. Reeves, William R. McDowell, Robert Thompson, J. T. Suggs, Stroud & Dyer, and Frank C. Brooks, Dallas, Seth W. Barwise, T. D. Magoffin, Thompson, Walker, Smith & Shannon, Richard T. Churchill and Allen, Gambill & Gambill, Fort Worth, McKay & Avery, Hollers, O'Quinn & Crenshaw, Everett Hutchinson and C. K. Richards, Austin, Lowe P. Siddons, Colorado Springs, Colo., Louis A. Schwartz, New Orleans, La., for appellants.

John Ben Shepperd, Atty. Gen., and Philip Robinson and Mert Starnes, Asst. Attys. Gen., and Smith & Steakley (Zollie C. Steakley), Austin, Sam S. Minter and Joe G. Fender, Houston, for appellees.

WILSON, Justice.

On rehearing our original opinion is withdrawn and the following substituted:

This suit was filed under art. 6453, V.A. C.S., by a number of railroads as plaintiffs against the Texas Railroad Commission as defendant attacking a reduction by that body of certain intrastate freight rates on sugar. Several out-of-state sugar companies also attack it as being discriminatory as between shippers. Plaintiffs...

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