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ATLANTIC COAST LINE R. CO. v. UNITED STATES

No. 10423.

132 F.2d 959 (1943)

ATLANTIC COAST LINE R. CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 10, 1943.

Attorney(s) appearing for the Case

John B. Sutton and G. L. Reeves, both of Tampa, Fla., for appellants.

Roger P. Marquis, Joseph F. McPherson, and Vernon L. Wilkinson, Attys., Department of Justice, and Norman M. Littell, Asst. Atty. Gen., all of Washington, D. C., and H. S. Phillips, U. S. Atty., of Tampa, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

A narrow peninsula about ten miles long extends southwardly from the City of Tampa, Florida, between Tampa Bay and Hillsboro Bay. At its southwestern corner is Port Tampa, a town of 1100 inhabitants, which is reached by a paved highway and the tracks of the Atlantic Coast Line Railroad Company, and there the railroad tracks stop, and the depots and terminals of the railroad are. Beyond these, and extending continuously some four miles across...

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