[Download] "Agricultural Transportation Association Of Texas V. King" by United States Court of Appeals for the Fifth Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: Agricultural Transportation Association Of Texas V. King
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 13, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

Directly involved is the question whether the District Court was correct in denying a permanent injunction against the Florida Public Utility Commission in the enforcement of Florida Motor Truck laws. But wrapped up in the question are a number of competing factors. One, of course, is the strong comity policy, legislatively reflected in 28 USCA § 2283 of avoiding Federal Court interference in state judicial proceedings and especially criminal prosecutions. But pulling in the other direction is the fact that the Florida criminal law at stake inescapably has as its core a Federal standard. And that Federal standard calls for interpretation and application of two distinct legislative structures, one the Transportation Act, the other the Agricultural Marketing Act. And pleading always for recognition is the strong policy to facilitate, not thwart, free movement in interstate commerce. Complicating all of it further is the problem of the extent to which the trial Court ought in the past, or should in the future, defer action pending decision of all or a part of the underlying controversy by the Interstate Commerce Commission. In effect, we do not disapprove of the denial of the injunction. But we do vacate the order so that if further relief is sought after the remand, the District Court will refer it initially to the ICC.

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