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STATE v. ACEL DELIVERY SERVICE, INC.

No. 16349.

380 S.W.2d 825 (1964)

The STATE of Texas, Appellant, v. ACEL DELIVERY SERVICE, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 10, 1964.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., and Norman V. Suarez and Sam Kelley, Asst. Attys. Gen., Austin, for appellant.

Phinney, Hallman & Pulley, Dallas, for appellee.

C. S. Ludwick, doing business as Republic Truck Line, Cliff Delivery Service, Co-operative Delivery Service, Direct Delivery Service, Lovedale Cartage Co., P & M Delivery Service and Texas Delivery Service, Inc., amici curiae.

DIXON, Chief Justice.

The State of Texas has appealed from an adverse judgment in its suit against appellee Acel Delivery Service, Inc., in which suit the State sought to collect penalties and to obtain an injunction because of the alleged violation by appellee of the Texas Motor Carrier Act—in particular Arts. 911b, Vernon's Ann.Civ.St. and 1690b, Vernon's Penal Code. In addition to briefs filed by appellant and appellee amicus curiae briefs have been...

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