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ASBURY v. CHESAPEAKE & OHIO RAILWAY CO.

Civ. A. 2043-65.

264 F.Supp. 437 (1967)

J. M. ASBURY, t/a Asbury Coal Company, Plaintiff, v. The CHESAPEAKE & OHIO RAILWAY CO., Defendant.

United States District Court District of Columbia.

February 9, 1967.

Attorney(s) appearing for the Case

Julian H. Singman, Washington, D. C., for plaintiff.

Doyle S. Morris, Cleveland, Ohio, Robert G. Seaks, Washington, D. C., and Garth E. Griffith, Cleveland, Ohio, for defendant.

OPINION

HOLTZOFF, District Judge.

The Court has before it an action brought by a shipper of freight on the Chesapeake and Ohio Railway Company for a permanent injunction against abandonment of freight service on a side railroad line running from a junction near Jenkins, Kentucky to Pound, Virginia. The service was suspended or discontinued some time ago, so that in effect the action seeks a mandatory injunction for a restoration of the service. This suit...

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