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CARBON COUNTY RAILWAY COMPANY v. UNITED STATES

No. 6935.

309 F.2d 938 (1962)

CARBON COUNTY RAILWAY COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 6, 1962.

Attorney(s) appearing for the Case

Keith E. Taylor, of Parsons, Behle, Evans, Latimer & Taylor, Salt Lake City, Utah, for appellant.

William T. Thurman, U. S. Atty., Salt Lake City, Utah (Sydney Brodie, Atty., Dept. of Justice, Henry L. Hilzinger and Richard C. Davis, Attys., Interstate Commerce Commission, on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

PICKETT, Circuit Judge.

Carbon County Railway Company, a Utah corporation, owns and operates a railroad in Carbon and Emery Counties, Utah, 11.03 miles in length. The principal function and use of the railroad is to assemble and move cars loaded with coal from mines to an interchange yard, where they are received by the Denver and Rio Grande Western Railroad Company for further transfer, and to receive and deliver back to the mines empty coal cars and miscellaneous...

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