SOUTHERN RAILWAY COMPANY v. CHAMBERS

No. 17651.

376 F.2d 815 (1967)

SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant, v. Franklin J. CHAMBERS et al., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

April 25, 1967.


Attorney(s) appearing for the Case

Gerald Kirven, Louisville, Ky., Ben J. Talbott, Jr., Louisville, Ky., on brief, Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, Ky., of counsel, for appellant.

Richard M. Trautwein, Louisville, Ky., David L. Beckman, Rubin & Trautwein, Louisville, Ky., on brief, for appellees.

Before PHILLIPS, EDWARDS and PECK, Circuit Judges.


PER CURIAM.

The appellant railway company filed this action to enjoin enforcement of a municipal ordinance which would require the railroad, among other things, at its own expense to erect and maintain safety gates for traffic at a railroad crossing within the corporate limits of the municipality. District Judge James F. Gordon refused to grant a preliminary injunction and dismissed the complaint upon the grounds stated in his findings of fact and conclusions of law...

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