HARRIS STANLEY COAL & LAND CO. v. CHESAPEAKE & O. RY. CO.

Nos. 9987, 9988.

154 F.2d 450 (1946)

HARRIS STANLEY COAL & LAND CO. et al. v. CHESAPEAKE & O. RY. CO. CHESAPEAKE & O. RY. CO. v. HARRIS STANLEY COAL & LAND CO. et al.

Circuit Court of Appeals, Sixth Circuit.

April 3, 1946.


Attorney(s) appearing for the Case

C. W. Napier and B. P. Wooten, both of Hazard, Ky., for appellants and cross-appellees.

LeWright Browning, of Ashland, Ky., for appellee and cross-appellant.

Before SIMONS, MARTIN and MILLER, Circuit Judges.


SIMONS, Circuit Judge.

The principal question in these appeals is whether a case had been made by the railroad for the granting to it of a permanent injunction. It sought to restrain certain operations by the coal company in its mine adjacent to the railroad right-of-way, the operations being alleged to threaten injury to the property of the railroad and to constitute a hazard to the freight and passenger traffic moving over its line. A temporary injunction pending...

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