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NATIONAL QUARRIES CO. v. DETROIT, T. & I. R. CO.

No. 4441.

10 F.2d 139 (1926)

NATIONAL QUARRIES CO. v. DETROIT, T. & I. R. CO.

Circuit Court of Appeals, Sixth Circuit.

January 14, 1926.

Attorney(s) appearing for the Case

G. W. Ritter, of Toledo, Ohio (H. O. Bentley, and Wheeler & Bentley, all of Lima, Ohio, on the brief), for appellant.

Edgar J. Matz, of Detroit, Mich. (Clifford B. Longley, of Detroit, Mich., and Leete & Light, of Lima, Ohio, on the brief), for appellee.

Before DONAHUE, MACK, and MOORMAN, Circuit Judges.

MOORMAN, Circuit Judge.

This bill was dismissed for lack of equity. It averred diversity of citizenship between plaintiff and defendant; that plaintiff owned property adjacent to the lines of defendant, a railroad company; that defendant had filed a petition in the probate court of Allen county, Ohio, to appropriate a part of plaintiff's land adjoining its railroad tracks, asserting the necessity of establishing a railroad yard thereon, and unless restrained from...

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