Legal Opinion
The Colorado & Wyoming Railway Company v. The Colorado and Southern Railway Company
Court of Appeals for the Tenth Circuit
Decided October 16, 1972No. 71-1725PublishedCited by 1 opinion
1Opinion of the Court
SETH, Circuit Judge.
This action arises under sections 1(18) and 1(20) of the Interstate Commerce Act, 49 U.S.C. § 1 et seq. The plaintiff railroad moved for a preliminary injunction against the continued construction and future operation over certain trackage built by defendant railroad, unless and until defendant obtains a certificate of public convenience and necessity from the Interstate Commerce Commission. Both parties are interstate carriers by rail and subject to the Act. Jurisdiction is based on 28 U.S.C. § 1337 as a proceeding arising under an Act of Congress regulating commerce.…
2Cases cited19 opinions
- Texas & Pac. Ry. v. Gulf, Etc., Ry.Supreme Court of the United States · 1926
- Piedmont & Northern Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1932
- Georgia Southern and Florida Railway Company v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1967
- United States v. IdahoSupreme Court of the United States · 1936
- Missouri-Kansas-Texas R. Co. v. Northern Oklahoma Rys.Court of Appeals for the Eighth Circuit · 1928
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3Cited by1 opinion
- The Colorado & Wyoming Railway Company v. The Colorado and Southern Railway CompanyCourt of Appeals for the Tenth Circuit · 1972