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NEALE v. RAILROAD COMMISSION OF STATE OF CALIFORNIA

No. 880-H.

32 F.Supp. 407 (1940)

NEALE et al. v. RAILROAD COMMISSION OF STATE OF CALIFORNIA et al.

District Court, S. D. California, Central Division.

April 10, 1940.

Attorney(s) appearing for the Case

Paul H. Bruns, of Los Angeles, Cal., for plaintiffs.

Ray L. Chesebro, City Atty., Leon Thomas David, Asst. City Atty., and Bourke Jones, Deputy City Atty., all of Los Angeles, Cal., for defendant City of Los Angeles.

W. Jos. McFarland and John L. Bland, both of Los Angeles, Cal., for defendant Ray L. Chesebro.

YANKWICH, District Judge.

The action challenges the validity of the California Motor Carrier Transportation Agent Act [Stats.Calif. 1933, Chapter 390, p. 1011] as amended in 1935 [Stats.Calif. 1935, page 1833] [See: Deering's General Laws of California, 1937, Vol. 1, Act 5130c]

In 1936, a three-judge statutory court, of which I was a member, declared the statute unconstitutional as violating the commerce clause of the Constitution of the United States [U.S...

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