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L. SINGER & SONS v. UNION PAC. R. CO.

Nos. 11480, 11489.

109 F.2d 493 (1940)

L. SINGER & SONS et al. v. UNION PAC. R. CO. KANSAS CITY, MO., v. L. SINGER & SONS et al.

Circuit Court of Appeals, Eighth Circuit.

February 7, 1940.

Attorney(s) appearing for the Case

Ruby D. Garrett, of Kansas City, Mo. (Fred Ruark and Spurgeon L. Smithson, both of Kansas City, Mo., on the brief) for appellants in case No. 11480.

Henry N. Ess, of Kansas City, Mo. (T. W. Bockes, of Omaha, Neb., and Watson, Ess, Groner, Barnett & Whittaker, of Kansas City, Mo., on the brief), for appellee in case No. 11480.

Sam. C. Blair, City Counselor, and Marcy K. Brown, Jr., Asst. City Counselor, both of Kansas City, Mo., for appellant in case No. 11489.

T. W. Bockes, of Omaha, Neb., and Henry N. Ess and Watson, Ess, Groner, Barnett & Whittaker, all of Kansas City, Mo., for appellee Union Pac. R. Co. in case No. 11489.

Before STONE, GARDNER, and SANBORN, Circuit Judges.

SANBORN, Circuit Judge.

The suit (No. 11480) which gives rise to these appeals was brought by certain commission merchants of Kansas City, Missouri, to enjoin the Union Pacific Railroad Company from constructing what is alleged to be an extension of its lines of railway in Kansas City, Kansas, until such time as it has procured a certificate of convenience and necessity from the Interstate Commerce Commission covering such construction, as required by § 402,...

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