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MISSOURI-KANSAS-TEXAS R. CO. v. WILLIAMSON

No. 1973.

36 F.Supp. 607 (1941)

MISSOURI-KANSAS-TEXAS R. CO. v. WILLIAMSON, Attorney General of Oklahoma.

District Court, W. D. Oklahoma.

January 11, 1941.

Attorney(s) appearing for the Case

M. D. Green and Frank G. Anderson, both of Oklahoma City, Okl. (Rainey, Flynn, Green & Anderson, Cruce, Satterfield & Grigsby, and Bleakmore, Barry, Farmer & Lee, all of Oklahoma City, Okl., O. E. Swan, of Muskogee, Okl., and Thomas B. Pryor, W. L. Curtis, and Joseph R. Brown, all of Fort Smith, Ark., of counsel), for plaintiff.

Mac Q. Williamson, Atty. Gen. of Oklahoma, F. M. Dudley, Asst. Atty. Gen., and J. A. Rinehart, Sp. Counsel, of El Reno, Okl., for defendant.

Before BRATTON and MURRAH, Circuit Judges, and VAUGHT, District Judge.

BRATTON, Circuit Judge.

The validity of article 2, chapter 63, Laws of Oklahoma 1937, 66 Okl.St.Ann. §§ 102, 103, is challenged on the ground that it violates the Commerce Clause, art. 1, § 8, cl. 3, and the Fourteenth Amendment to the Constitution of the United States, and infringes certain acts of Congress relating to interstate commerce. The statute is entitled, "An Act to promote the safety of employees and travelers upon railroads by compelling...

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