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PENNSYLVANIA RAILROAD COMPANY v. READING COMPANY

No. 11674.

226 F.2d 958 (1955)

The PENNSYLVANIA RAILROAD COMPANY v. READING COMPANY.

United States Court of Appeals Third Circuit.

Decided November 2, 1955.

Attorney(s) appearing for the Case

Windsor F. Cousins, Robert V. Massey, Jr., Philadelphia, Pa. (Gordon W. Gerber, Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., were on the brief), for appellant.

Samuel R. Howell, Washington, D. C. (C. H. Johns, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., on the brief), for Interstate Commerce Commission, intervenor.

Thomas B. K. Ringe, Philadelphia, Pa. (J. Wesley Oler, John R. McConnell, H. Merle Mulloy, William I. Woodcock, Jr., Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

PER CURIAM.

In the district court appellant sought to restrain the Reading Company from constructing and operating railroad facilities into the Cromby (Pennsylvania) plant of the Philadelphia Electric Company. It contended that Reading was thereby extending its lines and that it had not obtained the necessary certificate of public convenience and necessity authorizing this from the Interstate Commerce Commission. 49 U.S.C. § 1(18), (20). Reading defended on the...

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