UNION PAC. R. CO. v. DENVER & RIO GRANDE WESTERN R. CO.

No. 4427.

198 F.2d 854 (1952)

UNION PAC. R. CO. v. DENVER & RIO GRANDE WESTERN R. CO.

United States Court of Appeals Tenth Circuit.

July 18, 1952.


Attorney(s) appearing for the Case

A. U. Miner, Salt Lake City, Utah (Bryan P. Leverich and M. J. Bronson, Salt Lake City, Utah, on the brief), for appellant.

W. Q. Van Cott, Salt Lake City, Utah (S. N. Cornwall and Dennis McCarthy, Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.


BRATTON, Circuit Judge.

Section 1, paragraph (18) of the Transportation Act of 1920 forbids a carrier by railroad subject to the Act to undertake the extension of its line of railroad without first obtaining from the Interstate Commerce Commission a certificate of convenience and necessity; paragraph (20) empowers a court of competent jurisdiction at the suit of a party in interest to enjoin any construction contrary to the...

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