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BRASHEAR FREIGHT LINES v. PUBLIC SERVICE COMMISSION

No. 665.

23 F.Supp. 865 (1938)

BRASHEAR FREIGHT LINES, Inc., et al. v. PUBLIC SERVICE COMMISSION OF MISSOURI et al. (ATCHISON, T. & S. F. RY. CO. et al., Interveners).

District Court, W. D. Missouri, Central Division.

June 15, 1938.

Attorney(s) appearing for the Case

Kenneth Teasdale and B. W. LaTourette, both of St. Louis, Mo., and Paul G. Koontz, of Kansas City, Mo., for plaintiffs.

James H. Linton, of Jefferson City, Mo., and Daniel C. Rogers, of Fayette, Mo., for defendants Public Service Commission.

Louis V. Stigall and Wilkie B. Cunnyngham, both of Jefferson City, Mo., for defendant State Highway Commission.

Covell R. Hewitt, Asst. Atty. Gen., for defendants B. M. Casteel, Lloyd C. Stark and Roy McKittrick.

Joseph H. Hays, of Sioux City, Iowa, F. H. Moore, of Kansas City, Mo., Carl S. Hoffman, of St. Louis, Mo., and Amos M. Mathews, of Sioux City, Iowa, for interveners Atchison, T. & S. F. Ry. Co. et al.

John G. Burkhardt, Asst. City Counselor, of St. Louis; Mo., for intervener City of St. Louis, Mo.

George A. Spencer, of Columbia, Mo., for intervener Missouri Municipal Ass'n.

Before GARDNER, Circuit Judge, and COLLET and OTIS, District Judges.

PER CURIAM.

Action to restrain state agencies from enforcing the Missouri Bus and Truck Law and particularly Section 5272, Revised Statutes of Missouri, 1929, as amended by Laws Mo.1931, Page 311, Mo.St.Ann. § 5272, p. 6689.

Plaintiffs are interstate motor carriers. By Sec. 5272, supra, all common carriers of freight for hire by motor vehicles having a weight-carrying capacity of more than one and one-half tons are required to pay an annual license fee...

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