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eBook details

• Title: Southern States Transportation v. State Texas
• Author : Supreme Court Of Utah
• Release Date : January 24, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

The issue in this case is whether Southern States Transportation, Inc. engaged in intrastate motor carrier operations without a permit from the Texas Railroad Commission in violation of the Texas Motor Carrier Act, Tex. Rev. Civ. Stat. Ann. art. 911b (Vernon 1964 & Supp. 1989). The State of Texas sued Southern States for penalties and an injunction under section 16(b) and (c) of the Act. After a bench trial, the district court found that Southern States shipments which were the object of the States complaint were made in interstate commerce, not intrastate commerce, under a certificate of convenience and necessity issued to Southern States by the Interstate Commerce Commission, Accordingly, the district court concluded that Southern States had not violated the Act, and rendered judgment that the State take nothing against Southern States. The court of appeals reversed, holding as a matter of law that Southern States had engaged in intrastate motor carrier operations in violation of the Act 756 S.W.2d 98. The court of appeals remanded the case to the district court for entry of judgment against Southern States. We hold that whether Southern Statess shipments were in interstate or intrastate commerce is a question of fact, not a matter of law, and that there is evidence to support the district courts findings. Accordingly, we reverse the judgment of the court of appeals and affirm the judgment of the district court.

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