ST. LOUIS SOUTHWESTERN RAILWAY CO. v. CITY OF TYLER, TEXAS

No. 23465.

375 F.2d 938 (1967)

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY et al., Appellants, v. CITY OF TYLER, TEXAS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 12, 1967.


Attorney(s) appearing for the Case

D. L. Case, Dallas, Tex., Jack W. Flock, Clyde W. Fiddes, Roy P. Cosper, Tyler, Tex., for appellants.

Fred V. Hughes, Special Atty., Troy Smith, City Atty., Henry L. McGee, Jr., Asst. City Atty., Tyler, Tex., for appellees.

Before JONES and DYER, Circuit Judges, and SPEARS, District Judge.


JONES, Circuit Judge:

The appellee, City of Tyler, and three individuals, brought a suit in 1902 in a Texas district court against St. Louis Southwestern Railway Company of Texas, one of the appellants here, asserting that the Railway Company was bound by an agreement of a predecessor to maintain its general offices, shops and round-house in the City of Tyler, and seeking an injunction to prevent their removal. The district court entered a temporary injunction against...

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