CITY OF GAINESVILLE v. SOUTHERN RAILWAY COMPANY

No. 27335.

423 F.2d 588 (1970)

CITY OF GAINESVILLE, Georgia, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 26, 1970.


Attorney(s) appearing for the Case

Charles J. Bloch, Macon, Ga., Emory F. Robinson, Gainesville, Ga., Charles A. Horsky, James Hamilton, Washington, D. C., for appellant.

William B. Gunter, City Atty., Edgar H. Sims, Jr., Gainesville, Ga., for appellee.

Before TUTTLE, COLEMAN and SIMPSON, Circuit Judges.


TUTTLE, Circuit Judge:

This case involves basically a determination whether an ordinance of the City of Gainesville, Georgia, requiring Southern Railway Company to install and maintain entirely at its own expense automatic signalling devices where Southern's main line tracks intersect with Bradford Street, is so arbitrary and unreasonable as to be in violation of the due process and equal protection clauses of the Fourteenth...

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