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CITY OF YORK, NEB. v. IOWA-NEBRASKA LIGHT & POWER CO.

No. 11576.

109 F.2d 683 (1940)

CITY OF YORK, NEB., v. IOWA-NEBRASKA LIGHT & POWER CO.

Circuit Court of Appeals, Eighth Circuit.

February 15, 1940.

Attorney(s) appearing for the Case

Robert Van Pelt, of Lincoln, Neb., and Calvin Webster, of York, Neb. (Ernest B. Perry, Lloyd J. Marti, Arthur E. Perry, and J. P. O'Gara, all of Lincoln, Neb., on the brief), for appellant.

George A. Lee, of Lincoln, Neb., and W. L. Kirkpatrick, of York, Neb. (John O. Sheldahl, of Lincoln, Neb., on the brief), for appellee.

Before WOODROUGH and THOMAS, Circuit Judges, and NORDBYE, District Judge.

THOMAS, Circuit Judge.

The appellant is a municipal corporation organized under the laws of Nebraska. The appellee, defendant in the district court, is a Delaware public service corporation engaged in owning and operating an electric generating plant and transmission system in the city of York, Nebraska. In the conduct of its business the defendant uses the streets and alleys of the city for the location of its poles, wires and cables, claiming the right to do so...

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