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TAMPA PHOSPHATE R. CO. v. SEABOARD COAST LINE R. CO.

No. 26424.

418 F.2d 387 (1969)

TAMPA PHOSPHATE RAILROAD COMPANY, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 24, 1969.

Certiorari Denied February 24, 1970.

Attorney(s) appearing for the Case

James B. McDonough, Jr., Macfarlane, Ferguson, Allison & Kelly, David C. G. Kerr, Tampa, Fla., for appellant.

George C. Winn, Fowler, White, Collins, Gillen, Humkey & Trenam, James E. Thompson, William A. Gillen, Tampa, Fla., for appellee.

Jerome Nelson, Atty., I. C. C., John H. D. Wigger, Atty., Washington, D. C., for amicus curiae the United States and I. C. C.

Before JOHN R. BROWN, Chief Judge, and GEWIN and GOLDBERG, Circuit Judges.

Certiorari Denied February 24, 1970. See 90 S.Ct. 907.

GOLDBERG, Circuit Judge.

This case involves the right of a company to condemn lands in furtherance of its railroading ambitions after it has been denied a certificate of public convenience and necessity by the Interstate Commerce Commission. We must decide whether a federal district court has the power under 49 U.S.C.A. § 1(20)1

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