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SINGER & SONS v. UNION PACIFIC R. CO.

No. 34.

311 U.S. 295 (1940)

L. SINGER & SONS ET AL. v. UNION PACIFIC RAILROAD CO.

Supreme Court of United States.

Decided December 16, 1940.

Attorney(s) appearing for the Case

Mr. Ruby D. Garrett, with whom Messrs. John M. Cleary and Fred Ruark were on the brief, for petitioners in No. 34.

Mr. William E. Kemp, with whom Mr. John M. Cleary was on the brief, for petitioner in No. 35.

Mr. Henry N. Ess, in No. 34, and Mr. Thomas W. Bockes, in No. 35, with both of whom Mr. A.C. Spencer was on the briefs, for the Union Pacific Railroad Company, respondent.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Undertaking to proceed under Paragraphs 18, 20 and 21, § 402, Transportation Act, 19201 (41 Stat. 456, 477, U.S.C. Title 49, § 1) petitioners, by bill filed December 30, 1938, in the United States District Court, Western District of Missouri, asked a decree enjoining respondent from constructing or operating an alleged extension. 26 F.Supp. 721

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