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TERMINAL COAL CO. v. UNITED STATES

No. 9697.

172 F.2d 113 (1949)

TERMINAL COAL CO. v. UNITED STATES.

United States Court of Appeals Third Circuit.

Decided January 11, 1949.

Attorney(s) appearing for the Case

Edward J. McGinness, of Pittsburgh, Pa., for appellant.

John F. Cotter, of Washington, D. C. (A. Devitt Vanech, Asst. Atty. Gen., and James F. Boyer, Sp. Atty., of Pittsburgh Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN, and O'CONNELL, Circuit Judges.

O'CONNELL, Circuit Judge.

In 1883 the James H. Hays Estate granted to the Pittsburgh Southern Railway Company, a predecessor of the Baltimore & Ohio Railroad Company, a right of way embracing the property here in question.1 The right was to continue "so long as the same shall be needed or required for the corporate uses and purposes of the said [railroad]." Appellant has succeeded to whatever interest was retained by the Hays Estate...

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