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GILLIKIN v. ATLANTIC & EAST CAROLINA RAILWAY CO.

No. 305.

120 S.E.2d 847 (1961)

255 N.C. 228

C. L. GILLIKIN v. ATLANTIC & EAST CAROLINA RAILWAY COMPANY and Southern Railway Company.

Supreme Court of North Carolina.

July 7, 1961.

Attorney(s) appearing for the Case

Joyner, Howison & Mitchell, Raleigh, and John G. Dawson, Kinston, for defendants-appellants, Henry L. Walker, R. Allan Wimbish and James I. Hardy, Washington, D. C., of counsel.

Jones, Reed & Griffin, Kinston, for plaintiff-appellee.

PARKER, Justice.

Prior to 12 February 1957 Southern Railway Company, hereafter called Southern, applied by petition to the Interstate Commerce Commission under Section 5(2) of the Interstate Commerce Act, 49 U.S.C.A. § 5(2), for authorization and approval of the acquisition by it of control of Atlantic and East Carolina Railway Company, hereafter called Atlantic, through ownership of the latter's capital stock.

The Interstate Commerce Act, 49 U.S. C.A...

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