Southern Railway Company v. United States

SOBELOFF, Circuit Judge.

The Southern Railway Company asks this 3-Judge Court, convened pursuant to 28 U.S.C.A. §§ 1336, 2284, and 2321-2325, to set aside and enjoin enforcement of an order of the Interstate Commerce Commission granting the Spartan-burg Terminal Company a certificate of public convenience and necessity for the construction and operation of a tunnel and trackage under Southern’s tracks near its passenger station in Spartan-burg, South Carolina. 1 Southern’s complaint proceeds upon the ground that the Commission’s ultimate conclusion of public convenience and necessity rests on…