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CENTRAL R. CO. OF NEW JERSEY v. UNITED STATES PIPE LINE CO.

No. 3053.

1 F.2d 866 (1924)

CENTRAL R. CO. OF NEW JERSEY v. UNITED STATES PIPE LINE CO.

Circuit Court of Appeals, Third Circuit.

September 30, 1924.

Attorney(s) appearing for the Case

Arthur G. Dickson, of Philadelphia, Pa., and Charles E. Miller, of New York City, for plaintiff in error.

Eugene Mackey, of New York City, and Owen J. Roberts, of Philadelphia, Pa., for defendant in error.

Before WOOLLEY and DAVIS, Circuit Judges, and BODINE, District Judge.

DAVIS, Circuit Judge.

The Central Railroad Company of New Jersey, hereinafter called plaintiff, maintained and operated a railroad between Wilkes-Barre, Pa., and Jersey City, N. J. The United States Pipe Line Company, defendant below and here, had a pipe line in the oil fields of Northwestern Pennsylvania. The pipe line desired to reach tidewater and thought the best way to do so was to construct its line to the right of way of the railroad company and follow it along...

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