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PHILADELPHIA-DETROIT LINES v. SIMPSON

Civ. A. No. 108.

37 F.Supp. 314 (1940)

PHILADELPHIA-DETROIT LINES, Inc., v. SIMPSON, State Road Com'r of West Virginia, et al.

District Court, S. D. West Virginia.

September 27, 1940.

Attorney(s) appearing for the Case

Lawrence Rollins, of Charleston, W. Va., and Leo P. Kitchen and Dan R. Schwartz, both of Jacksonville, Fla., for Philadelphia-Detroit Lines.

R. S. Spilman, of Charleston, W. Va., and Clarence W. Meadows, Atty. Gen., of Charleston, W. Va., for the State.

Before NORTHCOTT, Circuit Judge, and McCLINTIC and H. E. WATKINS, District Judges.

NORTHCOTT, Circuit Judge.

This is a suit brought by the plaintiff, Philadelphia-Detroit Lines, Incorporated, against the defendants, Burr H. Simpson, C. C. Tallman and Clarence W. Meadows, seeking to enjoin the defendants from enforcing certain parts of a West Virginia statute, relating to the use of trucks over the highways of the State. The plaintiff is a Delaware corporation engaged in the business of transporting new automobiles for delivery from the factories...

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