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KANSAS CITY SOUTHERN RY. CO. v. OGDEN LEVEE DIST.

No. 6960.

15 F.2d 637 (1926)

KANSAS CITY SOUTHERN RY. CO. et al. v. OGDEN LEVEE DIST. et al.

Circuit Court of Appeals, Eighth Circuit.

October 29, 1926.

Attorney(s) appearing for the Case

A. F. Smith, of Waldron, Ark. (James B. McDonough, of Ft. Smith, Ark., Frank H. Moore, of Kansas, Mo., and S. W. Moore, of New York City, on the brief), for appellants.

Paul Jones, of Texarkana, Ark. (Seth C. Reynolds, of Ashdown, Ark., and Paul Jones, Jr., of Texarkana, Ark., on the brief), for appellees.

Before SANBORN, STONE, and KENYON, Circuit Judges.

KENYON, Circuit Judge.

The Legislature of Arkansas, by special act approved March 2, 1909 (Acts Ark. 1909, p. 103), created, for the purpose of the erection and maintenance of a levee along a portion of the Red river in Little River county, Ark., the Ogden levee district. The act was amended in 1917 (Acts Ark. 1917, p. 1853) in a manner hereinafter explained. Appellants (hereafter designated as such and as the railway) are the Kansas City Southern Railway Company...

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