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SOUTHERN PACIFIC CO. v. BROWN, ALCANTAR & BROWN, INC.

No. 25580.

404 F.2d 187 (1968)

SOUTHERN PACIFIC COMPANY, Appellant, v. BROWN, ALCANTAR & BROWN, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 10, 1969.

Attorney(s) appearing for the Case

William J. Derrick, Kemp, Smith, White, Duncan & Hammond, El Paso, Tex., for appellant.

R. Caballero, Asst. U. S. Atty., Don Studdard, Potash, Cameron, Bernat & Studdard, Ernest Morgan, U. S. Atty., El Paso, Tex., for appellees.

Before RIVES and DYER, Circuit Judges, and MEHRTENS, District Judge.

DYER, Circuit Judge:

Southern Pacific Company, claiming that Brown, Alcantar & Brown, Inc. and Commodity Credit Corporation were diverting consignees within the purview of the Interstate Commerce Act, 49 U.S. C.A. §§ 3(2) and 3(3),1 and that Commodity had also failed to execute a non-recourse clause in eight bills of lading in which it was consignor but was not named as consignee...

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