COLORADO & WYOMING RY. CO. v. COLORADO & SOUTHERN RY. CO.

No. 71-1725.

469 F.2d 483 (1972)

The COLORADO & WYOMING RAILWAY COMPANY, Appellant, v. The COLORADO AND SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 16, 1972.


Attorney(s) appearing for the Case

Miles C. Cortez, Jr., Denver, Colo. (Thomas G. Brown, Philip G. Dufford, and David W. Furgason, of Welborn, Dufford, Cook, Phipps & Brown, Denver, Colo., with him on the brief), for appellant.

Richard M. Gleason, Chicago, Ill. (J. C. Street and W. L. Peck, Denver, Colo., with him on the brief), for appellee.

Before JONES, SETH and McWILLIAMS, Circuit Judges.


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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