United States v. Mine Hill & Schuylkill Haven R.

KIRKPATRICK, Chief Judge.

The defendant was organized to operate a railroad. Whatever it has done since 1894, when it leased all its property to the Reading, it has not operated the road, nor do I understand the plaintiff to argue that it has. The plaintiff’s position is based on the proposition that a corporation may be “doing business” within the meaning of the Statute even though not engaged in the particular business contemplated by its charter, Phillips v. International Salt Co., D. C., 3 F.2d 678, 681, affirmed 274 U.S. 718, 47 S.Ct. 589, 71 L.Ed. 1323, or fulfilling the purpose of its…