DETROIT & TOLEDO SHORE L. R. CO. v. NEW YORK CENT. R. CO.

No. 12597.

233 F.2d 168 (1956)

The DETROIT AND TOLEDO SHORE LINE RAILROAD COMPANY, Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY and The Michigan Central Railroad Company, Appellees.

United States Court of Appeals Sixth Circuit.

April 30, 1956.


Attorney(s) appearing for the Case

William H. Black, Toledo, Ohio, Williams, Eversman & Black, Toledo, Ohio, on brief, for appellant.

George H. Wyatt, Detroit, Mich., Grey K. Nelson, Detroit, Mich., on brief, for appellees.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.


ALLEN, Circuit Judge.

The principal questions presented in this appeal are:

1. Was the track built in 1954 by appellee New York Central Railroad Company in Brownstown Township, Wayne County, Michigan, to cross appellant's right of way, a spur or an extension within the purview of 49 U.S.C. § 1, pars. (21) and (22), 49 U.S.C.A. § 1 (21, 22)?

2. Was a contract entered into on June 25, 1901, between appellant and appellees' predecessor Toledo...

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