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DETROIT TERMINAL R. CO. v. PENNSYLVANIA-DETROIT R. CO.

No. 678.

4 F.2d 705 (1925)

DETROIT TERMINAL R. CO. v. PENNSYLVANIA-DETROIT R. CO. et al.

District Court, E. D. Michigan, S. D.

March 9, 1925.

Attorney(s) appearing for the Case

John J. Danhof, Jr., of Detroit, Mich. (H. R. Martin and Frank Robson, both of Detroit, Mich., of counsel), for plaintiff.

Charles W. Nichols, of Lansing, Mich., and Clifton G. Dyer, of Detroit, Mich., for defendants.

SIMONS, District Judge (after stating the facts as above).

To the contention advanced by the plaintiff that the defendants should not be permitted to construct and operate the proposed line without a certificate of convenience and necessity being first obtained from the Interstate Commerce Commission the defendants reply:

(1) That the certificate of convenience and necessity is not required because the proposed construction is not an extension of the line...

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