Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MYERS v. ARKANSAS & OZARKS RAILWAY CORPORATION

June 30, 1960

CHARLES MYERS AND WILLIAM MYERS, PARTNERS, DOING BUSINESS AS MYERS MILLING COMPANY, CLARIDGE PRODUCTS & EQUIPMENT COMPANY, A CORPORATION, RICHARD R. THOMPSON, AND CARROLL HANBY, JACK HANBY AND ROBERT HANBY, PARTNERS, DOING BUSINESS AS OZARK SASH & DOOR COMPANY, PLAINTIFFS,
v.
ARKANSAS & OZARKS RAILWAY CORPORATION, MURRAY M. SALZBERG, MEYER P. GROSS, MORRIS SNERSON, MAURICE I. SCHWARTZ, ROCHESTER IRON & METAL COMPANY, A CORPORATION, EUGENE R. WARREN, BRUCE BULLION, AND R. EUGENE BAILEY, DEFENDANTS.



The opinion of the court was delivered by: John E. Miller, Chief Judge.

This is a proceeding in which the plaintiffs ask that a preliminary injunction be issued "enjoining defendants, and each and every one of them, from directly or indirectly abandoning or ceasing operations of the defendant Arkansas & Ozarks Railway Corporation and from refusing to receive, deliver, or transport freight thereby, and that, upon final hearing, said preliminary injunction be made permanent, * * *."

The complaint was filed June 7, 1960. The individual plaintiffs are citizens of Arkansas and are patrons of defendant Arkansas & Ozarks Railway Corporation. The plaintiff Claridge Products & Equipment Company is an Illinois corporation, authorized to do business in Arkansas, with a place of business at Harrison in Boone County.

The defendant Arkansas & Ozarks Railway Corporation is a railroad corporation organized and doing business pursuant to the laws of the State of Arkansas, with its principal office at Harrison, Boone County, Arkansas. The individual defendants are directors and/or stockholders of the railroad corporation, with the exception of R. Eugene Bailey, who has no connection whatsoever with the railroad corporation.

The plaintiffs allege:

"3.

    "This action arises under Section 1, Paragraphs
  (18) and (20) of Title 49, United States Code, as
  hereinafter more fully appears, and this court
  has jurisdiction hereof.

"4.

    "Since 1949 and prior to May 7, 1960, the
  defendant Arkansas & Ozarks Railway Corporation
  was engaged in the operation of a line of
  railroad as a common carrier of freight for hire
  between the points of Harrison, Arkansas, and
  Seligman, Missouri, and by interline rail
  connections at Seligman, Missouri, to and from
  Harrison and all other points and places in the
  United States, in interstate commerce, and
  likewise serving the intermediate points of
  Berryville, Green Forest, Eureka Springs and
  other intermediate points, all within the State
  of Arkansas and the jurisdiction of this court,
  by virtue of a certificate of convenience and
  necessity theretofore obtained by said defendant
  from the Interstate Commerce Commission.

"5.

    "All of the plaintiffs hereinabove named were
  on and before May 7, 1960, shippers and receivers
  of freight by means of said defendant railroad,
  and as such are parties in interest within the
  meaning of Section 1, Paragraph (20), Title 49,
  United States Code.

"6.

    "On May 7, 1960, the defendant railroad company
  abandoned the operation of trains over its line
  of railroad and completely ceased operations
  thereof. Defendant railroad has not obtained from
  the Interstate Commerce Commission a certificate
  authorizing the abandonment of the operation
  thereof, and the abandonment of its operations
  and cessation of its service to plaintiffs and
  other members of the public in the transportation
  of goods and commodities over said railroad
  without first obtaining from said Commission a
  certificate that the present or future
  convenience and necessity permit of such
  abandonment is wholly unlawful. To the best of
  plaintiffs' information and belief, said
  defendant railroad company has never even applied
  to the Interstate Commerce Commission for such a
  certificate.

"7.

    "As a result of such unlawful abandonment,
  plaintiffs and others similarly situated have
  been, and continue to be, greatly damaged, for
  the reason that plaintiffs and other shippers and
  receivers of freight in the cities, towns and
  communities hereinabove described are wholly and
  completely without any railroad service, since no
  other line of railroad operates between the
  points ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.