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INDUSTRIAL DEVELOPMENT CO. OF LITTLE ROCK v. THOMPSON

No. 15446.

231 F.2d 825 (1956)

INDUSTRIAL DEVELOPMENT COMPANY OF LITTLE ROCK, Appellant, v. Guy A. THOMPSON, Trustee, Missouri Pacific Railroad Company, Debtor, and Chicago, Rock Island and Pacific Railroad Company, Appellees.

United States Court of Appeals Eighth Circuit.

April 18, 1956.

Attorney(s) appearing for the Case

Richard C. Butler, Little Rock, Ark. (House, Moses & Holmes, Little Rock, Ark., were with him on the brief), for appellant.

Herschel H. Friday, Jr., Little Rock, Ark. (Pat Mehaffy, Little Rock, Ark., was with him on the brief), for appellee Guy A. Thompson, trustee, Missouri Pac. R. Co., debtor.

Before SANBORN, JOHNSEN and VOGEL, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from an order dismissing the complaint of the plaintiff (appellant) upon the ground that the plaintiff was not a "party in interest" within the meaning of Title 49 U.S.C.A. § 1, paragraph (20), which provides in substance, that the construction of an extension of a line of railroad, in the absence of a certificate of convenience and necessity from the Interstate Commerce Commission, may be enjoined at the suit of "any...

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