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ELGIN COAL COMPANY v. LOUISVILLE & NASHVILLE RAILROAD CO.

Civ. A. No. 5065.

277 F.Supp. 247 (1967)

ELGIN COAL COMPANY v. The LOUISVILLE AND NASHVILLE RAILROAD COMPANY.

United States District Court E. D. Tennessee, S. D.

November 28, 1967.

Attorney(s) appearing for the Case

Sizer Chambliss, Chattanooga, Tenn., William M. Ables, Jr., South Pittsburg, Tenn., for plaintiff.

Spears, Moore, Rebman & Williams, Chattanooga, Tenn., for defendant.

MEMORANDUM

WILSON, District Judge.

This is an action brought under Part I of the Interstate Commerce Act (49 U.S.C. § 1 et seq.) wherein plaintiff seeks a mandatory injunction to require the defendant to provide certain railroad service beyond the service which plaintiff presently receives from defendant. The case is before the Court upon the plaintiff's motion for a temporary restraining order. However, a jurisdictional issue is immediately presented...

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