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CITY OF CHATTANOOGA, TENN. v. LOUISVILLE & NASHVILLE R. CO.

No. 19721.

427 F.2d 1154 (1970)

CITY OF CHATTANOOGA, TENNESSEE, Felix Miller, Jr., Donald W. Hayden, E. R. Pickett, and Fred Rothberger, Jr., Plaintiffs-Appellants, v. LOUISVILLE & NASHVILLE RAILROAD CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 21, 1970.

Attorney(s) appearing for the Case

Richard P. Jahn, Chattanooga, Tenn., for appellants; Eugene Collins, City Atty., Chattanooga, Will Allen Wilkerson, Chattanooga, Tenn., on brief.

Thomas S. Kale, Chattanooga, Tenn., for appellee; Spears, Moore, Rebman & Williams, Chattanooga, Tenn., on brief.

Before WEICK and COMBS, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

O'SULLIVAN, Senior Circuit Judge.

The issue at trial of this case was whether appellant, City of Chattanooga, Tennessee, has the right to insist that a romantic relic of the Civil War — the famous steam locomotive, the General — permanently remain on display in that city. Its present and apparent owner, appellee, Louisville & Nashville Railroad Company, proposes to deliver it to the town of Kenesaw, Georgia...

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