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TEXAS & N. O. R. CO. v. NORTH SIDE BELT RY. CO.

No. 4718.

16 F.2d 782 (1927)

TEXAS & N. O. R. CO. v. NORTH SIDE BELT RY. CO.

Circuit Court of Appeals, Fifth Circuit.

January 8, 1927.

Attorney(s) appearing for the Case

John T. Garrison, of Houston, Tex. (H. M. Garwood and John T. Garrison, both of Houston, Tex., on the brief), for appellant.

Nelson Phillips, of Dallas, Tex. (W. W. Moore and J. Y. Powell, both of Houston, Tex., and Nelson Phillips, of Dallas, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was a suit by the appellant, which sought only a temporary restraining order and an injunction restraining the appellee from prosecuting a suit instituted by it for the condemnation of described land of the appellant, and from constructing, maintaining, or operating a described railroad upon or across that land. The appeal is from a decree dismissing the bill without prejudice to the right of the appellant to apply in the future for an...

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