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A. E. McDONALD MOTOR FREIGHT LINES v. UNITED STATES

No. 182.

35 F.Supp. 132 (1940)

A. E. McDONALD MOTOR FREIGHT LINES, Inc., v. UNITED STATES et al.

District Court, N. D. Texas, Fort Worth Division.

April 17, 1940.

Attorney(s) appearing for the Case

J. J. Shaw, of Houston, Tex., and Amos M. Felts, of Austin, Tex., for plaintiff.

Scott & Wilson, of Waco, Tex., and Baker, Botts, Andrews & Wharton, of Houston, Tex., for defendant.

Before HUTCHESON, Circuit Judge, and KENNERLY and BRYANT, District Judges.

HUTCHESON, Circuit Judge.

Plaintiff, a motor carrier operator, brought this suit to set aside an order of the Interstate Commerce Commission, finally denying him a "grandfather" certificate1 on the ground that operating without permit or certificate from the Railroad Commission of Texas, and in a continual state of conflict with it, he was not, within the Federal Motor Carrier Act, 49 U.S.C.A. § 301 et seq., in bona fide operation...

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