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UNITED STATES v. CITY OF JACKSON, MISSISSIPPI

No. 19794.

320 F.2d 870 (1963)

UNITED STATES of America and Interstate Commerce Commission, Appellants, v. The CITY OF JACKSON, MISSISSIPPI, Allen Thompson, Douglas L. Lucky and Thomas B. Marshall, Commissioners of the City of Jackson, and W. D. Rayfield, Chief of Police of the City of Jackson, Appellees.

United States Court of Appeals Fifth Circuit.

July 18, 1963.

Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., Jackson, Miss., Bernard A. Gould, Atty., Interstate Commerce Comm., St. John Barrett, Atty., Dept. of Justice, Washington, D. C., for appellants.

Thomas H. Watkins, E. W. Stennett, Elizabeth W. Grayson, Jackson, Miss., for appellees.

Before WISDOM, Circuit Judge, and BOOTLE and AINSWORTH, District Judges.

PER CURIAM.

All of the members of the Court agree that the petition for rehearing should be denied.

In their concurring opinions on rehearing, Judges Bootle and Ainsworth take the position that since there is "ample statutory authorization for the maintenance of this suit" they do not reach the question whether the United States would have standing to sue under the Commerce Clause.

The district court's decision in this case was based in part on the...

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