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SEABOARD AIR LINE RY. CO. v. ATLANTA, B. & C. R. CO.

No. 5612.

35 F.2d 609 (1929)

SEABOARD AIR LINE RY. CO. v. ATLANTA, B. & C. R. CO.

Circuit Court of Appeals, Fifth Circuit.

November 18, 1929.

Attorney(s) appearing for the Case

Robert S. Parker, of Atlanta, Ga., and W. W. Dykes, of Americus, Ga. (Randolph, Parker & Fortson and Robt. S. Parker, all of Atlanta, Ga., and W. W. Dykes, of Americus, Ga., on the brief), for appellant.

Morris Brandon and John A. Hynds, both of Atlanta, Ga. (Brandon & Hynds, of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was a bill filed by the appellant, Seaboard Air Line Railway Company, against the appellee, Atlanta, Birmingham & Coast Railroad Company, seeking the specific enforcement of the hereinafter set out provision of a contract entered into in 1901 between the Seaboard Air Line Railway and the Brunswick & Birmingham Railroad Company. That contract provided for the line of the Brunswick & Birmingham Railroad Company crossing at grade...

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