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PULASKI-LONOKE DRAINAGE DISTRICT v. MISSOURI PACIFIC RAILROAD COMPANY

No. 8713.

47 F.2d 1085 (1931)

PULASKI-LONOKE DRAINAGE DISTRICT et al., Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

Circuit Court of Appeals, Eighth Circuit.

April 13, 1931.

PER CURIAM.

This appeal was heard at the May term, 1930, of this court, and an opinion was handed down affirming the judgment of the trial court. 44 F.2d 899. It was held that, while the record did not disclose that evidence was heard in resolving the issues framed, the presumption that the court acted upon evidence adduced must ordinarily control. After the coming down of the opinion, appellants duly filed their petition for a writ...

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