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ASBURY v. CHESAPEAKE AND OHIO RAILWAY COMPANY

Civ. A. No. 2043-65.

314 F.Supp. 310 (1970)

J. M. ASBURY T/A Asbury Coal Company v. The CHESAPEAKE AND OHIO RAILWAY COMPANY.

United States District Court, District of Columbia.

April 21, 1970.

Attorney(s) appearing for the Case

Julian H. Singman, Washington, D. C., for plaintiff.

Robert G. Seaks, Washington, D. C., Doyle S. Morris and G. E. Griffith, Cleveland, Ohio, for defendant.

MEMORANDUM AND ORDER

CORCORAN, District Judge.

I.

This action was commenced by the plaintiff J. M. Asbury, t/a Asbury Coal Company ("Asbury") by petition for an injunction to restrain the abandonment by the defendant Chesapeake & Ohio Railway Co. ("C&O") of certain railroad facilities without first having secured the approval of the Interstate Commerce Commission ("Commission").

The complaint was subsequently amended to include...

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