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L & L FREIGHT LINES v. RAILROAD COMMISSION

17 F.Supp. 13 (1936)

L & L FREIGHT LINES, Inc., v. RAILROAD COMMISSION OF FLORIDA et al.

District Court, S. D. Florida, Jacksonville Division.

December 4, 1936.

Attorney(s) appearing for the Case

Kitchen & Schwartz, of Jacksonville, Fla., for plaintiff.

William P. Simmons, Jr., of Tallahassee, Fla., for defendants.

STRUM, District Judge.

Plaintiff, a common carrier by motor vehicle, seeks to enjoin the Railroad Commission of Florida from enforcing against it in its interstate operations that portion of section 11 of chapter 14764, Laws of Florida, Acts 1931, which limits trucks and trailers to a load of 12,000 pounds in the state of Florida.

Plaintiff contends that by the Motor Carrier Act of August 9, 1935, § 204 (49 U.S.C.A. § 304) Congress assumed the regulation...

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