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DETROIT & I. R. CO. v. GUTHRIE & CO.

No. 6455.

72 F.2d 126 (1934)

DETROIT & I. R. CO. v. A. GUTHRIE & CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

June 5, 1934.

Attorney(s) appearing for the Case

W. R. Middleton, of Detroit, Mich. (Keifer & Keifer, of Springfield, Ohio, Longley, Bogle & Middleton, of Detroit, Mich., and William W. Keifer, of Springfield, Ohio, on the brief), for appellant.

Montreville J. Brown, of St. Paul, Minn. (Oppenheimer, Dickson, Hodgson, Brown & Donnelly, of St. Paul, Minn., and McMahon, Corwin, Landis & Markham, Samuel S. Markham, and Irvin G. Bieser, all of Dayton, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

In 1927 the appellant determined to construct a line of railroad in Ohio about four miles in length, extending from the north abutments of a bridge crossing the Maumee river north to milepost 80, a point near a track of the Wabash Railroad. It also determined to erect a substructure for the Maumee River Bridge. The proposed route of the road crossed Turkeyfoot creek three times, necessitating the erection of three bridges. On June 15, 1927...

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