SETH, Circuit Judge.
This action arises under sections 1(18) and 1(20) of the Interstate Commerce Act, 49 U.S.C. § 1 et seq. The plaintiff railroad moved for a preliminary injunction against the continued construction and future operation over certain trackage built by defendant railroad, unless and until defendant obtains a certificate of public convenience and necessity from the Interstate Commerce Commission. Both parties are interstate carriers by rail and...
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