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HULEN v. CITY OF CORSICANA

No. 6789.

65 F.2d 969 (1933)

HULEN v. CITY OF CORSICANA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 21, 1933.

Attorney(s) appearing for the Case

J. H. Barwise and William R. Watkins, both of Fort Worth, Tex., for appellant.

Richard Mays, of Corsicana, Tex., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

This is an appeal from a hearing in which the city contended and the District Judge found that the receiver's expenditures for the protection of the railway company's embankment and track, made necessary by the construction of the city's reservoir, were not recoverable damages, because, when the railway company acquired its right of way and laid its track down over Elm creek, it did so subject to the obligation to conform the track and right...

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