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ILLINOIS CENT. R. CO. v. CITY OF MAYFIELD

No. 5137.

35 F.2d 808 (1929)

ILLINOIS CENT. R. CO. v. CITY OF MAYFIELD et al.

Circuit Court of Appeals, Sixth Circuit.

November 8, 1929.

Attorney(s) appearing for the Case

John C. Doolan, of Louisville, Ky. (Robbins & Smith, of Mayfield, Ky., Trabue, Doolan, Helm & Helm, of Louisville, Ky., R. V. Fletcher, of Chicago, Ill., and Charles N. Burch, of Memphis, Tenn., on the brief), for appellant.

W. J. Webb, of Mayfield, Ky. (Webb & Webb and Aubrey Hester, all of Mayfield, Ky., on the brief), for appellees.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

For many years prior to 1897 plaintiff's predecessors had owned and operated, under legislative franchises, a certain line of railroad from Paducah, Ky., through Graves county to Fulton, Ky. Prior to 1888 the road ran near the corporate limits of Mayfield, the county seat of Graves county, which was designated by Kentucky statutes as a city of the fourth class. Just outside the corporate limits, running substantially north and south, it crossed...

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