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TOWN OF NINETY SIX v. SOUTHERN RAILWAY COMPANY

No. 7820.

267 F.2d 579 (1959)

TOWN OF NINETY SIX, Appellant, v. SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 8, 1959.

Attorney(s) appearing for the Case

Marshall T. Mays and Cary C. Doyle, Greenwood, S. C., for appellant.

Thomas H. Pope, Columbia, S. C. (Frank G. Tompkins, Jr., Columbia, S. C., and Robert D. Schumpert, Newberry, S. C., on brief), for appellee.

Before SOPER, Circuit Judge, and BOREMAN and STANLEY, District Judges.

STANLEY, District Judge.

The plaintiff, Southern Railway Company, a Virginia corporation, instituted this action in the United States District Court for the Western District of South Carolina to enjoin the defendant, Town of Ninety Six, a South Carolina municipal corporation, from further construction of certain buildings upon plaintiff's right-of-way, and from asserting any claim or control in or to the right-of-way of the plaintiff running through the Town of Ninety...

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