GEORGIA SOUTHERN & F. RY. CO. v. Duval Connecting R. Co., 20383.
| Decision Date | 13 November 1963 |
| Docket Number | No. 20383.,20383. |
| Citation | 324 F.2d 801 |
| Parties | GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY, Appellant, v. DUVAL CONNECTING RAILROAD COMPANY, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Seddon G. Boxley, Washington, D. C., H. P. Osborne, Jr., Jacksonville, Fla., Henry L. Walker, William D. McLean, Washington, D. C., Mathews, Osborne & Ehrlich, Jacksonville, Fla., of counsel, for appellant.
John S. Cox, Jacksonville, Fla., Richard A. Hollander, Richmond, Va., Louis Kurz, Henry F. Martin, Jacksonville, Fla., Kurz, Toole, Maness & Martin, Jacksonville, Fla., Cox, Grissett, MacLean & Webb, Jacksonville, Fla., of counsel, for appellee.
Before TUTTLE, Chief Judge, JONES, Circuit Judge, and MORGAN, District Judge.
The appellee, Duval Connecting Railroad Company, here called Duval, is a corporation of Florida with its stock equally divided between the Seaboard Air Line Railroad Company, herein designated as Seaboard, and the Atlantic Coast Line Railroad Company, herein referred to as Coast Line. It is planned by Duval and, we may say, by Seaboard and Coast Line, that Duval will construct, at a cost of about $20,000,000 upon a tract of land in Duval County, Florida, about five miles in length, a classification and switching yard to be used by or for the two stock-holding companies and which will replace inadequate existing facilities in the Jacksonville, Florida, area now separately owned and operated by Seaboard and Coast Line. Duval acquired most of the tract through negotiated purchases. It sought to acquire the remainder by condemnation in a suit brought in the Circuit Court of Duval County, Florida. One of the parcels in the condemnation suit was owned by Georgia Industrial Company and it is one of the defendants in that cause. Equitable ownership of this parcel is claimed by the appellant, Georgia Southern and Florida Railway Company, here called G. S. & F.
A suit was brought by G. S. & F. in the Jacksonville Division of the Southern (now Middle) District of Florida, against Duval, seeking to enjoin the continuing of the condemnation proceeding and to restrain Duval from constructing the proposed trackage facilities without obtaining a Certificate of Public Convenience and Necessity from the Interstate Commerce Commission. Through the maze of trackage proposed by Duval, G. S. & F. has delineated a line of rail which it refers to as a connecting track and which it contends will be a "new line of railroad within the...
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Nicholson v. I.C.C.
...Interstate Commerce Act 13 was not required prior to the construction of a classification yard. Georgia S. & Fla. Ry. v. Duval Connecting R.R., 324 F.2d 801, 802 (5th Cir.1963) (per curiam). Furthermore, the Commission has consistently interpreted the Act as not requiring its approval prior......
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Railway Labor Executives Ass'n v. City of Galveston, Tex., By and Through Bd. of Trustees of Galveston Wharves
...Illinois Commerce Com'n v. United States, 779 F.2d 1270, 1271 (D.C.Cir.1985).14 See also Georgia Southern & Fla. Ry. Co. v. Duval Connecting R. Co., 324 F.2d 801, 802 (5th Cir.1963).15 New Orleans Terminal Company, 366 F.2d at 165-66; see also Nicholson v. I.C.C., 711 F.2d 364, 367 (D.C.Cir......