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ATLANTIC COAST LINE R. CO. v. TOWN OF SEBRING

No. 4749.

12 F.2d 679 (1926)

ATLANTIC COAST LINE R. CO. v. TOWN OF SEBRING.

Circuit Court of Appeals, Fifth Circuit.

April 13, 1926.

Attorney(s) appearing for the Case

T. Paine Kelly, of Tampa, Fla., for appellant.

Hilton S. Hampton, of Tampa, Fla. (Hilton S. Hampton and Hampton, Bull & Pencke, all of Tampa, Fla., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

The appellee, town of Sebring, a Florida municipal corporation, filed in a Florida state court a petition for the condemnation, under statutory authority and pursuant to an ordinance of said town, adopted April 7, 1925, of an easement in described land the fee-simple title to which was alleged to be in the appellant, the Atlantic Coast Line Railroad Company, for the use and purpose of construction of described streets, one of them called Eucalyptus...

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