PENNSYLVANIA R. CO. v. PITTSBURGH, L. & W. R. CO.

No. 6891.

83 F.2d 861 (1936)

PENNSYLVANIA R. CO. et al. v. PITTSBURGH, L. & W. R. CO. et al.

Circuit Court of Appeals, Sixth Circuit.

May 9, 1936.


Attorney(s) appearing for the Case

John C. Bane, Jr., of Pittsburgh, Pa., George H. P. Lacey, of Cleveland, Ohio, and John J. Heard, of Pittsburgh, Pa. (Thomas M. Kirby and H. J. Crawford, both of Cleveland, Ohio, S. G. Cramp, of Pittsburgh, Pa., Albert Ward, of Philadelphia, Pa., Squire, Sanders & Dempsey, of Cleveland, Ohio, and Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., on the brief), for appellants.

Don Rose, of Pittsburgh, Pa. (Frederick L. Leckie and John T. Scott, both of Cleveland, Ohio, John B. Eichenauer, Howard M. Swartz, and Rose & Eichenauer, all of Pittsburgh, Pa., August G. Gutheim, of Washington, D. C., and Duncan, Leckie, McCreary, Schlitz & Hinslea and M. B. & H. H. Johnson, all of Cleveland, Ohio, on the brief), for appellees.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

This case arises on an appeal from a decree dismissing a bill and supplemental bill of complaint which prayed in substance that appellees be perpetually enjoined from constructing or continuing the construction of any line of railroad or extension between Smith's Ferry, Pennsylvania, and Negley, Ohio, and from taking any steps toward the consummation of such purpose until a certificate of public convenience and necessity authorizing such construction...

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