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SOUTHERN PAC. CO. v. WESTERN PACIFIC CALIFORNIA R. CO.

No. 6226.

61 F.2d 732 (1932)

SOUTHERN PAC. CO. v. WESTERN PACIFIC CALIFORNIA R. CO.

Circuit Court of Appeals, Ninth Circuit.

November 14, 1932.

Attorney(s) appearing for the Case

C. O. Amonette, H. C. Booth, and C. W. Durbrow, all of San Francisco, Cal. (Guy V. Shoup, of San Francisco, Cal., of counsel), for appellant.

F. M. Angellotti, A. S. Hutchinson, and H. P. Tyler, all of San Francisco, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

This is the second time that the instant case has been before this court, on an appeal from a final decree entered by the District Court on February 28, 1930.

The decree permanently restrained the appellant, defendant below, from constructing, maintaining, or operating a partly completed railroad track upon any territory in San Mateo county, Cal., lying east of the location of the proposed railroad of the appellee, between the appellee...

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