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TOWN OF BETHEL v. ATLANTIC COAST LINE R. CO.

No. 3929.

81 F.2d 60 (1936)

TOWN OF BETHEL v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fourth Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

M. K. Blount, of Greenville, N. C. (Blount & James, of Greenville, N. C., on the brief), for appellant.

Thomas W. Davis, of Wilmington, N. C. (W. B. Rodman, Jr., of Washington, N. C., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and COLEMAN, District Judge.

SOPER Circuit Judge.

The Atlantic Coast Line Railroad Company filed a bill in equity in the District Court to secure an injunction against the town of Bethel in North Carolina restraining it from laying a pavement on the railroad right of way through the town and from levying an assessment therefor upon the Railroad Company. The court assumed jurisdiction of the case and rendered a decree in the railroad's favor. It was adjudged that the Railroad Company is the owner...

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