City of Chattanooga, Tennessee, Felix Miller, Jr., Donald W. Hayden, E. R. Pickett, and Fred Rothberger, Jr. v. Louisville & Nashville Railroad Co.

O’SULLIVAN, Senior Circuit Judge.

The issue at trial of this case was whether appellant, City of Chattanooga, Tennessee, has the right to insist that a romantic relic of the Civil War — the famous steam locomotive, the General— permanently remain on display in that city. Its present and apparent owner, appellee, Louisville & Nashville Railroad Company, proposes to deliver it to the town of Kenesaw, Georgia, there to continue to commemorate what one Civil War historian described as “probably the most dashing, most gallant, desperate and thrilling incident of the Civil War.” District Judge Frank…