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CITY OF CLEVELAND v. BALTIMORE & O. R. CO.

No. 6426.

71 F.2d 89 (1934)

CITY OF CLEVELAND, OHIO, v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Sixth Circuit.

June 8, 1934.

Attorney(s) appearing for the Case

G. C. Locke, of Cleveland, Ohio (W. George Kerr and William C. Dixon, both of Cleveland, Ohio, on the brief), for appellant.

W. T. Kinder, of Cleveland, Ohio (Tolles, Hogsett & Ginn and Geo. D. Bonebrake, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS and SIMONS, Circuit Judges, and HAHN, District Judge.

HICKS, Circuit Judge.

In July, 1930, the city of Cleveland, appellant, planned the construction of a sewer known as the Cuyahoga Valley Main Sewer and let the work to a contractor. It was to pass across the right of way and under the tracks of the Baltimore & Ohio Railroad Company, appellee, west of the intersection of West Third street and Huston avenue. By September 17 the contractor had excavated up to appellee's property...

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