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S. H. & W. LUMBER CO. v. CALIFORNIA & OREGON COAST R. CO.

Civ. No. 8441.

154 F.Supp. 152 (1957)

S. H. & W. LUMBER CO., Chapman Lumber Company, and John Bakshas, d.b.a. Home Gas Co., Plaintiffs, v. The CALIFORNIA and OREGON COAST RAILROAD COMPANY, C. H. Demaray, Receiver thereof, and City of Grants Pass, Oregon, Defendants.

United States District Court D. Oregon.

May 10, 1957.

Attorney(s) appearing for the Case

Ellis & Ellis, Portland, Or., for plaintiff.

Charles A. Telfer, Grants Pass, Or., for defendant C. H. Demaray, Receiver.

Phillips, Coughlin, Buell & Phillips, Portland, Or., and Mr. W. W. Balderree, Grants Pass, Or., for defendant City of Grants Pass.

SOLOMON, District Judge.

This is an action by certain shippers to recover damages sustained by them as a result of the abandonment of a short line of railroad which serviced industrial operations in the vicinity of the City of Grants Pass, Josephine County, Oregon. This abandonment is claimed to be in violation of § 1(18) of Part I of the Interstate Commerce Act, 49 U.S.C.A. § 1(18). The right to damages is predicated on § 8 of the Act, 49 U.S.C.A....

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