Legal Opinion
City of Alexandria, Louisiana v. Chicago, Rock Island and Pacific Railroad Company
Court of Appeals for the Fifth Circuit
Decided November 30, 1962No. 19675_1PublishedCited by 5 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The unusual posture of the parties to this appeal relates to the enforcement of a city’s paving lien when the property subject to the lien includes a portion of a railroad roadbed. The validity of the lien is not at issue. The question for decision is whether the city’s enforcement of its lien by execution proceedings through seizure and sale of the property is tantamount to the railroad’s “abandonment” of the line within the meaning of the Interstate Commerce Act, 49 U.S.C.A. § 1(18), prohibiting abandonments of line without the authority of the Interstate Commerce…
2Cases cited12 opinions
- Thompson v. Texas Mexican Railway Co.Supreme Court of the United States · 1946
- Smith v. Hoboken Railroad, Warehouse & Steamship Connecting Co.Supreme Court of the United States · 1946
- Choctaw, Oklahoma & Gulf Railroad v. MacKeySupreme Court of the United States · 1921
- Zirn v. Hanover BankCourt of Appeals for the Second Circuit · 1954
- Myers v. Arkansas & Ozarks Railway CorporationDistrict Court, W.D. Arkansas · 1960
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3Cited by5 opinions
- Interstate Commerce Commission v. Baltimore & Annapolis RailroadDistrict Court, D. Maryland · 1975
- Louisiana & Arkansas Railway Co. v. BickhamDistrict Court, M.D. Louisiana · 1985
- Brooklyn Eastern District Terminal v. United StatesDistrict Court, E.D. New York · 1969
- Chicago & North Western Railway Company, a Corporation v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a CorporationCourt of Appeals for the Seventh Circuit · 1974
- Brown v. Consolidated Rail Corp.District Court, N.D. Ohio · 1976