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ST. GERMAINE v. ALAMO MOTOR LINES

No. 16705.

252 F.2d 10 (1958)

Burt ST. GERMAINE and Querner Truck Lines, Inc., Appellants, v. ALAMO MOTOR LINES, Sunset Motor Lines, Strickland Transportation Company, Inc., and Yellow Transit Freight Lines, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

January 21, 1958.

Attorney(s) appearing for the Case

Maynard F. Robinson, San Antonio, Tex., for appellants.

Ralph M. Jones, Kansas City, Mo., Ralph W. Currie, O. B. Freeman, Jr., Sam P. Kohen, Dallas, Tex., Currie, Kohen & Freeman, Dallas, Tex., for appellee Strickland Transp. Co., Inc.

Phillip Robinson, Herbert L. Smith, Austin, Tex., Smith, Robinson & Starnes, Austin, Tex., of counsel, for appellees Texas-Arizona Motor Freight, Inc. and Sunset Motor Lines.

Before CAMERON, JONES and WISDOM, Circuit Judges.

CAMERON, Circuit Judge.

The question upon which this appeal will be decided is whether the District Court had jurisdiction, in an action brought under the Interstate Commerce Act,1 to enter a declaratory judgment defining the rights and relationships of the parties without the prior exhaustion of the administrative remedies provided by the Act.2 Claiming to be exempt...

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