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TEXAS & c. R.R. v. NORTHSIDE RY.

No. 231.

276 U.S. 475 (1928)

48 S.Ct. 361

72 L.Ed. 661

TEXAS & NEW ORLEANS RAILROAD COMPANY v. THE NORTHSIDE BELT RAILWAY COMPANY.

Supreme Court of United States.

Decided April 9, 1928.

Attorney(s) appearing for the Case

Mr. J.H. Tallichet, with whom Mr. H.M. Garwood was on the brief, for petitioner.

Messrs. W.W. Moore, J.Y. Powell, and Nelson Phillips were on the brief for respondent.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Under the laws of Texas, Cullinan secured a charter for the Northside Belt Railway Company with power to build and operate, as a common carrier, a terminal railway from a private plant to another local railroad. The line was to be about five miles long and wholly within that State. The Northside Company instituted proceedings in a Texas court to acquire by condemnation...

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