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GULF, MOBILE AND OHIO R. CO. v. ILLINOIS CENTRAL R. CO.

No. 15452.

225 F.2d 816 (1955)

GULF, MOBILE and OHIO RAILROAD COMPANY, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 3, 1955.

Attorney(s) appearing for the Case

Carl Fox, Y. D. Lott, Gen. Sol., G. M. & O. R. Co., Mobile, Ala., B. A. Monaghan, Douglas Arant, Birmingham, Ala., E. L. All, Birmingham, Ala., D. S. Wright, Mobile, Ala., James C. Blair, White, Bradley, Arant, All & Rose, Birmingham, Ala., of counsel, for appellant.

D. K. McKamy, Birmingham, Ala., John W. Freels, Gen. Sol., Ill. Cent. R. Co., Harold E. Spencer, Joseph H. Wright, Chicago, Ill., Gen. Atty., James R. Forman, Jr., Birmingham, Ala., C. A. Helsell, Chicago, Ill., Burr, McKamy, Moore & Tate, Birmingham, Ala., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

TUTTLE, Circuit Judge.

This appeal is from a judgment of the District Court for the Northern District of Alabama denying appellant, Gulf, Mobile & Ohio Railroad Company, a decree terminating its contractual obligation to pay annual rental during the corporate life of GM&O and of the Illinois Central Railroad Company to the latter company for trackage rights because GM&O had obtained from the Interstate Commerce Commission permission to abandon the use...

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