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CITY OF ALTUS, OKLAHOMA v. CARR

Civ. A. No. 1580.

255 F.Supp. 828 (1966)

CITY OF ALTUS, OKLAHOMA, et al. v. Waggoner CARR.

United States District Court W. D. Texas, Austin Division.

May 6, 1966.

Attorney(s) appearing for the Case

A. W. Walker, Jr., Ben B. West, Dallas, Tex., James W. Wilson, McGinnis, Lochridge, Kilgore, Hunter & Wilson, Austin, Tex., for plaintiffs.

Hawthorne Phillips, First Asst. Atty. Gen., J. Arthur Sandlin, Roger Tyler, Asst. Attys. Gen., of Texas, Austin, Tex., for defendant.

Before THORNBERRY, Circuit Judge, SPEARS, Chief Judge, District Court, and SUTTLE, District Judge.

SUTTLE, District Judge.

This is a suit for declaratory judgment decreeing that Section 2 of Article 7477b, Vernon's Ann.Tex.Civ.Stats.1 is unconstitutional and void as being in violation of the Commerce Clause2 of the United States Constitution, and for permanent injunction restraining the enforcement or execution thereof against these plaintiffs.

Section 2 of Article 7477b, Vernon's Ann.Tex.Civ.Stats...

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