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SEABOARD AIR LINE R. CO. v. ATLANTIC COAST LINE R. CO.

No. 607.

74 S.E.2d 430 (1953)

237 N.C. 88

SEABOARD AIR LINE R. CO. v. ATLANTIC COAST LINE R. CO. et al.

Supreme Court of North Carolina.

January 30, 1953.

Attorney(s) appearing for the Case

James B. McDonough, Jr., Norfolk, Va., Varser, McIntyre & Henry, Lumberton, for plaintiff appellee.

M. V. Barnhill, Jr., Wilmington, F. S. Spruill, Rocky Mount, for defendant, appellant.

DEVIN, Chief Justice.

When considered alone the facts set forth in the plaintiff's complaint might be regarded as sufficient to invoke the aid of equity to prevent injustice and to forestall advantage being taken by one of two equal owners in the operation of the essential railroad facilities of the defendant Bridge Company, but as equity follows the law we think the final determination of the matters complained of should...

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