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KANSAS CITY SOUTH. RY. CO. v. ARKANSAS LOUISIANA GAS CO.

No. 72-1369.

476 F.2d 829 (1973)

KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation, Plaintiff-Appellant, v. ARKANSAS LOUISIANA GAS COMPANY, a corporation, Defendant-Appellee. FORT SMITH AND VAN BUREN RAILWAY COMPANY, a corporation, Plaintiff-Appellant, v. ARKANSAS LOUISIANA GAS COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 27, 1973.

Attorney(s) appearing for the Case

Burton J. Johnson, Oklahoma City, Okl. (Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., on the briefs) for plaintiffs-appellants.

G. C. Mayhue, Jr., Ada, Okl. (Conn, Mayhue, Kerr & Mayhue, Ada, Okl., on the brief) for defendant-appellee.

Before PHILLIPS, SETH and HOLLOWAY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

The Kansas City Southern Railway Company1 and the Fort Smith and Van Buren Railway Company2 brought this action against the Arkansas Louisiana Gas Company.3 The two railways will be referred to collectively as the Railway Companies.

By the Act of February 27, 1893, the predecessor of the Southern Railway Company was "invested and empowered...

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