TEXAS & PAC. RY. v. GULF, ETC., RY.

No. 417.

270 U.S. 266 (1926)

TEXAS & PACIFIC RAILWAY COMPANY v. GULF, COLORADO & SANTA FE RAILWAY COMPANY.

Supreme Court of United States.

Decided March 1, 1926.


Attorney(s) appearing for the Case

Messrs. T.D. Gresham and Thomas J. Freeman, for appellant.

Mr. J.W. Terry, with whom Messrs. Homer W. Davis, Gardiner Lathrop, and Thomas J. Norton were on the brief, for appellee.


MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Transportation Act, 1920, c. 91, § 402, 41 Stat. 456, 477-8, provides, Paragraph (18): ". . . no carrier by railroad subject to this Act shall undertake the extension of its line of railroad. . unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require...

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