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McWOOD CORPORATION v. STATE CORPORATION COM'N OF N. M.

Civ. A. No. 5820.

237 F.Supp. 963 (1965)

McWOOD CORPORATION, a corporation, Plaintiff, v. STATE CORPORATION COMMISSION OF NEW MEXICO and G. Y. Fails, Murray E. Morgan and Columbus Ferguson, Members of said Commission, Defendants, and Western Oil Transportation Company, Inc., LaMar Trucking, Inc., and New Mexico Tankers, Inc., Intervening Defendants.

United States District Court D. New Mexico.

January 22, 1965.

Attorney(s) appearing for the Case

Seth, Montgomery, Frederici & Andrews, Santa Fe, N. M., Burr & Cooley, Farmington, N. M., and Jack K. Currey, Abilene, Tex., for plaintiff.

Earl E. Hartley, Atty. Gen., Jerry Wertheim, Asst. Atty. Gen., and Wayne C. Wolf, Asst. Atty. Gen., Santa Fe., N. M., for defendants.

O. Russell Jones and James E. Snead, Santa Fe, N. M., for intervening defendant Western Oil Transportation Co., Inc.

B. J. Baggett, Farmington, N. M., for intervening defendants LaMar Trucking, Inc., and New Mexico Tankers, Inc.

Before BREITENSTEIN, Circuit Judge, and DOYLE and BRATTON, District Judges.

PER CURIAM.

The plaintiff seeks to enjoin the enforcement of an order of the State Corporation Commission of New Mexico holding that plaintiff is in the business of transporting crude oil by motor vehicle for hire both in intrastate and interstate commerce and ordering it to cease and desist therefrom until it acquires lawful authority to engage in such activity. A three-judge district court was convened pursuant to 28 U.S.C. § 2281 and extensive testimony taken...

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