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CITY OF COUNCIL BLUFFS v. OMAHA & C. B. ST. RY. CO.

No. 6799.

9 F.2d 246 (1925)

CITY OF COUNCIL BLUFFS et al. v. OMAHA & C. B. ST. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

November 19, 1925.

Attorney(s) appearing for the Case

D. E. Stuart and Raymond A. Smith, both of Council Bluffs, Iowa (V. A. Morgan and Kimball, Peterson, Smith & Peterson, all of Council Bluffs, Iowa, on the brief), for appellants.

Emmet Tinley, of Council Bluffs, Iowa (Tinley, Mitchell, Ross & Mitchell and Edwin D. Mitchell, all of Council Bluffs, Iowa, on the brief), for appellee.

Before SANBORN and KENYON, Circuit Judges, and SCOTT, District Judge.

WALTER H. SANBORN, Circuit Judge.

This is an appeal by the city, the defendant below, from a decree of an interlocutory injunction to prevent it, until there can be a full hearing and a considered decision of the questions of law and fact which this case presents, or until the further order of the court, from compelling the street railway company to suffer the alleged continuous taking of its property without just compensation by requiring it to carry passengers on...

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