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HARPER v. ST. LOUIS SOUTHWESTERN RY. CO.

No. 7123.

15 F.2d 352 (1926)

HARPER et al. v. ST. LOUIS SOUTHWESTERN RY. CO.

Circuit Court of Appeals, Eighth Circuit.

October 27, 1926.

Attorney(s) appearing for the Case

William T. Hammock, of Little Rock, Ark. (H. W. Applegate, of Little Rock, Ark., Brooks Hays, of Russellville, Ark., and Sam T. Poe, Tom Poe, and J. S. Utley, all of Little Rock, Ark., on the brief), for appellants.

A. H. Kiskaddon, of St. Louis, Mo. (J. R. Turney, of St. Louis, Mo., and W. T. Wooldridge, of Pine Bluff, Ark., on the brief), for appellee.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.

STONE, Circuit Judge.

This is an appeal from a decree permanently enjoining the members of the Railroad Commission of the state of Arkansas and two prosecuting attorneys of that state from enforcing an order of the commission concerning a spur or side track at Buffo, Ark.

In 1913, John Buffo owned a large rice farm adjacent to the railway line and half way between Gillett (a small station) and Hyden (a siding), which were five miles apart. Desiring a convenient...

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