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PENNSYLVANIA RAILROAD CO. v. CHESAPEAKE & OHIO R. CO.

No. 12346.

229 F.2d 721 (1956)

The PENNSYLVANIA RAILROAD COMPANY, Appellant, v. The CHESAPEAKE & OHIO RAILROAD COMPANY, and The Louisville & Nashville Railroad Company, Appellees.

United States Court of Appeals Sixth Circuit.

February 7, 1956.

Attorney(s) appearing for the Case

Thomas W. Bullitt, Louisville, Ky., Wm. Marshall Bullitt, R. Lee Blackwell, Bullitt, Dawson & Tarrant, Louisville, Ky., on brief for appellant.

Porter M. Gray, Ashland, Ky., Wm. L. Wallace, Lexington, Ky., Strother Hynes, Richmond, Va., on brief, for appellee C. & O. R. R.

James Park, Lexington, Ky., Charles S. Landrum, Lexington, Ky., for appellee L. & N. R. R.

Before SIMONS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.

MARTIN, Circuit Judge.

This case possesses novelty, but, when analyzed, is not difficult to decide.

On July 14, 1919, in a conference among their representatives — superintendents, train masters and chief clerks — three interstate railroad carriers, being operated by the United States Railroad Administration, reached an agreement to cover "handling the interchange" among their lines, including the use of a railroad bridge owned by one of the...

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