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M., K. & T. RY. v. OKLAHOMA

No. 205.

271 U.S. 303 (1926)

MISSOURI, KANSAS & TEXAS RAILWAY COMPANY ET AL. v. OKLAHOMA ET AL.

Supreme Court of United States.

Decided May 24, 1926.

Attorney(s) appearing for the Case

Messrs. Joseph M. Bryson, Charles S. Burg, Maurice D. Green, and Howard L. Smith for plaintiffs in error.

Messrs. William J. Horton, E.S. Ratliff, and Jackman A. Gill for defendants in error.

MR. JUSTICE BUTLER delivered the opinion of the Court.

The railroad of plaintiff in error runs through the city of McAlester, Oklahoma. At Comanche Avenue the main line is on a fill, and at least one industrial or sidetrack is on a lower level. In September, 1921, the city applied to the state Corporation Commission for an order requiring the railway company to provide at that place a pass under its tracks and a highway across...

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