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DETROIT, T. & I. R. CO. v. DETROIT & T. S. L. R. CO.

No. 4097.

6 F.2d 845 (1925)

DETROIT, T. & I. R. CO. v. DETROIT & T. S. L. R. CO.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1925.

Attorney(s) appearing for the Case

Wm. Lucking and Alfred Lucking, both of Detroit, Mich. (Clifford B. Longley and Laurence M. Sprague, both of Detroit, Mich., on the brief), for appellant.

Harold R. Martin, of Detroit, Mich., and H. W. Morgan, of Toledo, Ohio (Chas. A. Schmettau, of Toledo, Ohio, and Harrison Geer, of Detroit, Mich., on the brief), for appellee.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.

KNAPPEN, Circuit Judge.

This is an appeal from a decree requiring specific performance by defendant for the unexpired portion of the term of a 99-year contract, effective July 1, 1903, between plaintiff and the defendant's remote predecessor in ownership (the Detroit Southern Railroad Company), for the joint use of certain railroad track mileage now owned by defendant, together with appurtenant facilities.

When the contract was made plaintiff was operating...

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