MISSOURI PAC. R. CO. v. ST. LOUIS SOUTHWESTERN RY. CO.

No. 9870.

73 F.2d 21 (1934)

MISSOURI PAC. R. CO. v. ST. LOUIS SOUTHWESTERN RY. CO.

Circuit Court of Appeals, Eighth Circuit.

October 10, 1934.


Attorney(s) appearing for the Case

Edward J. White, of St. Louis, Mo., and Robert E. Wiley, of Little Rock, Ark., for appellant.

Adair Dyer, of Dallas, Tex. (A. H. Kiskaddon, of St. Louis, Mo., and N. F. Lamb, of Jonesboro, Ark., on the brief), for appellee.

Before SANBORN and WOODROUGH, Circuit Judges, and DEWEY, District Judge.


DEWEY, District Judge.

Appeal from a decree of the United States District Court for the Eastern District of Arkansas granting an injunction restraining the appellant from constructing a certain railroad track until it shall have applied for and obtained from the Interstate Commerce Commission a certificate that the present or future public convenience and necessity require the construction of said proposed track.

Appellant and appellee are railway corporations...

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