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ARKANSAS COMMERCE COM'N v. ARKANSAS & OZARKS RY. CO.

No. 5-2709.

357 S.W.2d 295 (1962)

ARKANSAS COMMERCE COMMISSION et al., Appellants, v. ARKANSAS & OZARKS RAILWAY CO., Appellee.

Supreme Court of Arkansas.

May 21, 1962.

Attorney(s) appearing for the Case

Harry E. McDermott, Jr., Frank Holt, Atty. Gen., by Russell G. Morton, Asst. Atty. Gen., Little Rock, for appellants.

Warren & Bullion, Little Rock, for appellee.

HARRIS, Chief Justice.

This appeal involves the constitutionality of Act 62 of the Acts of 1961. The Arkansas & Ozarks Railway Corporation, in June, 1960, sought a certificate of public convenience and necessity from the Interstate Commerce Commission to abandon its railroad line, which operates from Seligman, Missouri, to Harrison, Arkansas. Service and operations on the railroad had been discontinued in May, 1960, as a result of flooding, which rendered impassable...

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