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Western & Atlantic R. v. Railroad Comm'n, 261 U.S. 264 (1923)

Western & Atlantic Railroad v. Railroad Commission of Georgia


Argued January 9, 1923

Decided February 19, 1923

261 U.S. 264


1. An order of the district court, sitting under Jud.Code, § 266, denying an application for a preliminary injunction upon the sole ground that the pecuniary amount requisite to confer jurisdiction was not involved, is reviewable by appeal here. P. 261 U. S. 265.

2. In a suit by a railroad attacking as unconstitutional a state order requiring it to establish and operate an industrial spur track, the pecuniary amount involved includes not only the cost of construction, but also interest thereon, depreciation, maintenance, and operating expenses, capitalized at a reasonable rate. P. 261 U. S. 267.

275 F. 128 reversed.

Appeal from an order of the district court refusing a preliminary injunction.

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