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CITY OF NORTON v. LOWDEN

No. 1405.

84 F.2d 663 (1936)

CITY OF NORTON v. LOWDEN et al.

Circuit Court of Appeals, Tenth Circuit.

July 13, 1936.

Attorney(s) appearing for the Case

Robert W. Hemphill and W. E. Mahin, both of Norton, Kan. (D. P. Moyers, of Norton, Kan., on the brief), for appellant.

John E. DuMars, of Topeka, Kan. (Luther Burns, of Topeka, Kan., on the brief), for appellees.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

This controversy arises from an effort of the City of Norton to open a street at grade across the station grounds and yards of the Rock Island Railway.

Appellant here, defendant below, is a city of the second class with about 3000 people. First Street runs north and south, and the tracks of appellees run east and west. The year the railway built into the town — 1887 — First Street was vacated for one block where it crossed...

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