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GULF, C. & S. F. RY. CO. v. TEXAS & P. RY. CO.

No. 4484.

4 F.2d 904 (1925)

GULF, C. & S. F. RY. CO. v. TEXAS & P. RY. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied and Judgment Amended April 4, 1925.

Attorney(s) appearing for the Case

J. W. Terry, of Galveston, Tex., and Thos. J. Norton, of Chicago, Ill. (Terry, Cavin & Mills, of Galveston, Tex., Gardiner Lathrop, Thomas J. Norton, and Homer W. Davis, all of Chicago, Ill., on the brief), for appellant.

T. J. Freeman, of New Orleans, La., and T. D. Gresham, of Dallas, Tex., for appellee.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

This is an appeal from a decree which awarded to the appellee, Texas & Pacific Railway Company, an injunction restraining the appellant, Gulf, Colorado & Santa Fé Railway Company, from constructing or operating a proposed addition to the latter's trackage, unless and until the appellant shall first have applied to and obtained from the Interstate Commerce Commission a certificate that the present or future public convenience and...

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