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SOUTHERN RAILWAY COMPANY v. CITY OF MORRISTOWN

Civ. A. No. 2357.

332 F.Supp. 482 (1970)

SOUTHERN RAILWAY COMPANY, Plaintiff, v. CITY OF MORRISTOWN, Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

Supplemental Opinion November 18, 1970.

Attorney(s) appearing for the Case

William H. Inman, Morristown, Tenn., for plaintiff.

James K. Miller, Morristown, Tenn., for defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a diversity action, 28 U.S.C. § 1332(a) (1), (c), by a railroad carrier, seeking a declaratory judgment, that a certain ordinance enacted by the defendant municipality is invalid. 28 U.S.C. § 2201. With the consent of the defendant, against which it is directed, Rule 65(b), Federal Rules of Civil Procedure, an order restraining temporarily the defendant's enforcement of the provisions...

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