TEXAS MEXICAN RAILWAY COMPANY v. UNITED STATES

Civ. A. No. 65-B-48.

250 F.Supp. 946 (1966)

The TEXAS MEXICAN RAILWAY COMPANY et al. v. The UNITED STATES of America et al.

United States District Court S. D. Texas, Brownsville Division.

February 10, 1966.


Attorney(s) appearing for the Case

Phillip Robinson, James, Robinson & Starnes and Ewell H. Muse, Jr., Austin, Tex., Reagan Sayers and Rawlings, Sayers, Scurlock & Eidson, Fort Worth, Tex., for the carriers.

Manny H. Smith, Interstate Commerce Commission, Washington, D. C., Donald F. Turner, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Woodrow B. Seals, U. S. Atty., Houston, Tex., John H. D. Wigger, Dept. of Justice, Washington, D. C., Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., Paul Coyle, Washington, D. C., Homero M. Lopez, Asst. U. S. Atty., Brownsville, Tex., for Interstate Commerce Commission.

Leroy Hallman, Jr., Dallas, Tex., for defendant.

Beverly S. Simms, Washington, D. C., for the United States (Interstate Commerce Commission).

Elmore H. Borchers, Laredo, Tex., and Charles L. Ford, Austin, Tex., for Texas Mexican Railway Co.

Rollo E. Kidwell, Dallas, Tex., for East Texas Motor Freight Line.

Before THORNBERRY, Circuit Judge, and GARZA and NOEL, District Judges.


GARZA, District Judge.

This is an action before a three judge court under 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325; 49 U.S.C. §§ 17(9), 305 (g), (h); and 5 U.S.C. § 1009, to set aside a decision and order of the Interstate Commerce Commission, Division 1, of March 29, 1965, granting a certificate of public convenience and necessity to the applicant, Transportes Azteca, issued under § 207(a) of the Interstate Commerce Act, 49 U.S.C...

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