Gulf, C. & S. F. Ry. Co. v. Texas & P. Ry. Co.

WALKER, Circuit Judge.

This is an appeal from a decree which awarded to the appellee, Texas & Pacific Railway Company, an injunction restraining the appellant, Gulf, Colorado & Santa F6 Railway Company, from constructing or operating a proposed addition to the latter’s trackage, unless and until the appellant shall first have applied to and obtained from the Interstate Commerce Commission a certificate that the present or future public convenience and necessity require or will require the construction or operation, or construction and operation, of such proposed additional trackage, which the…