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SOUTHERN RY. CO. v. BLUE RIDGE POWER CO.

Nos. 2781, 2785.

30 F.2d 33 (1929)

SOUTHERN RY. CO. v. BLUE RIDGE POWER CO. BLUE RIDGE POWER CO. v. SOUTHERN RY. CO.

Circuit Court of Appeals, Fourth Circuit.

Concurring Opinion January 17, 1929.

Attorney(s) appearing for the Case

H. J. Haynsworth, of Greenville, S. C., and S. R. Prince, of Washington, D. C. (Haynsworth & Haynsworth, of Greenville, S. C., and L. E. Jeffries, of Washington, D. C., on the brief), for Southern Ry. Co.

E. T. Cansler, of Charlotte, N. C., Horace L. Bomar, of Spartanburg, S. C., and Charles W. Tillett, of Charlotte, N. C. (Cansler & Cansler, of Charlotte, N. C., Bomar & Osborne, of Spartanburg, S. C., and Tillett, Tillett & Kennedy, of Charlotte, N. C., on the brief), for Blue Ridge Power Co.

Before WADDILL and NORTHCOTT, Circuit Judges, and WILLIAM C. COLEMAN, District Judge.

WADDILL, Circuit Judge.

These cases involve the same questions and subject-matter, that is to say, the costs of construction of a railroad bridge for the Southern Railway Company across the Green river in the state of North Carolina, on its road between Asheville, N. C., and Spartanburg, S. C.; the work being in connection with the development of the power plant of the Blue Ridge Power Company at and below where the railroad crosses the Green river, known as "Site...

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