Legal Opinion

City of Alexandria, Louisiana v. Chicago, Rock Island and Pacific Railroad Company

Court of Appeals for the Fifth Circuit

Decided July 30, 1963No. 19675PublishedCited by 1 opinion

1Opinion of the Court

WISDOM, Circuit Judge.

In support of its petition for a rehearing of the appeal in this cause, the Chicago, Rock Island and Pacific Railroad Company, filed an exceptionally forceful brief. The petitioner asserted that the Court’s opinion is “directly contrary to the jurisprudence” and, in effect, “overrules” Smith v. Hoboken R. Warehouse & S. Connecting Co., 1946, 328 U.S. 123, 66 S.Ct. 947, 90 L.Ed. 1123, Thompson v. Texas Mexican Ry. Co., 1946, 328 U.S. 134, 66 S.Ct. 937, 90 L.Ed. 1132, and City of Des Moines v. Chicago & N. W. Ry. Co., 8 Cir. 1959, 264 F.2d 454. The vigor and earnestness of…

2Cases cited6 opinions

  1. Thompson v. Texas Mexican Railway Co.Supreme Court of the United States · 1946
  2. Smith v. Hoboken Railroad, Warehouse & Steamship Connecting Co.Supreme Court of the United States · 1946
  3. Branson v. BushSupreme Court of the United States · 1920
  4. City of Des Moines, Iowa, Capital City State Bank, Des Moines, Iowa, and Iowa State Bank, Des Moines, Iowa v. Chicago & North Western Railway CompanyCourt of Appeals for the Eighth Circuit · 1959
  5. Miller v. Climax Molybdenum Co.Court of Appeals for the Tenth Circuit · 1938

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3Cited by1 opinion

  1. Chicago & North Western Railway Company, a Corporation v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a CorporationCourt of Appeals for the Seventh Circuit · 1974

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