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COMMONWEALTH v. ILLINOIS CENTRAL RAILROAD CO.

299 S.W.2d 803 (1957)

COMMONWEALTH of Kentucky, on Relation of KENTUCKY RAILROAD COMMISSION, etc., et al., Appellants, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

Court of Appeals of Kentucky.

March 8, 1957.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., M. B. Holifield, Asst. Atty. Gen., for appellants.

Thomas J. Wood, Lively M. Wilson, Stites, Wood, Helm & Peabody, Louisville, Joseph H. Wright, John W. Freels, John W. Foster, Chicago, Ill., of counsel, for appellee.

MONTGOMERY, Judge.

The right to discontinue operation of the last two passenger trains between Fulton and Louisville via Paducah is involved.

The appellee for many years operated daily two passenger trains each way. Trains Nos. 101 and 102 were operated in the daytime. Their discontinuance was upheld on March 5, 1954. Railroad Commission of Ky. v. Illinois Cent. R. Co., Ky., 265 S.W.2d 797. Trains Nos. 103 and 104 were operated...

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