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RAILROAD COMMISSION v. UNITED STATES

No. 10413.

290 S.W.2d 699 (1956)

RAILROAD COMMISSION of Texas et al., Appellants, v. UNITED STATES of America et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 23, 1956.

Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen., William W. Guild, Asst. Atty. Gen., for Railroad Commission of Texas at Austin.

Phillip Robinson, Zollie Steakley, Austin, Smith & Steakley, Austin, of counsel, for A & A Transport, Inc., et al.

Ewell H. Muse, Jr., Morgan Nesbitt, Austin, for Texas Transport.

Wm. R. McDowell, Dallas, for Texas & Pacific Ry. and other railroads.

James E. Kilday, E. Riggs McConnell, Attys., Dept. of Justice, Washington, D. C., Stanley N. Barnes, Asst. Atty. Gen., Russell B. Wine, U. S. Atty., San Antonio, for appellee.

HUGHES, Justice.

This is a declaratory judgment proceeding in which the trial court declared the law to be:

"1. That the statutes of the State of Texas, construed in the light of existing Federal law, do not prohibit the United States of America, in the exercise of its constitutional functions, from negotiating and making arrangements for transportation of persons or property for the United States at fares and rates different from those prescribed by the...

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