Legal Opinion

Asbury v. Chesapeake & Ohio Railway Co.

District Court, District of Columbia

Decided February 9, 1967No. Civ. A. 2043-65PublishedCited by 12 opinions

1Opinion of the Court

OPINION

HOLTZOFF, District Judge.

The Court has before it an action brought by a shipper of freight on the Chesapeake and Ohio Railway Company for a permanent injunction against abandonment of freight service on a side railroad line running from a junction near Jenkins, Kentucky to Pound, Virginia. The service was suspended of discontinued some time ago, so that in effect the action seeks a mandatory injunction for a restoration of the service. This suit is predicated on the provisions of 49 U.S.C. § 1, subsection (18) and subsection (20). The plaintiff moves for summary judgment.

The facts…

2Cited by12 opinions

  1. Interstate Commerce Commission v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1974
  2. Interstate Commerce Commission v. Baltimore & Annapolis RailroadDistrict Court, D. Maryland · 1975
  3. In re Chicago, MilwauKee, St. Paul & Pacific RailroadCourt of Appeals for the Seventh Circuit · 1979
  4. Commonwealth of Pa. v. Penn Central Transp. Co.District Court, M.D. Pennsylvania · 1972
  5. Ball v. Deere & Co.District Court, C.D. Illinois · 1988

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