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CHICAGO, R. I. & P. RY. CO. v. CITY OF OWATONNA

No. 11801.

120 F.2d 226 (1941)

CHICAGO, R. I. & P. RY. CO. et al. v. CITY OF OWATONNA.

Circuit Court of Appeals, Eighth Circuit.

May 17, 1941.

Attorney(s) appearing for the Case

Edward S. Stringer, of St. Paul, Minn. (Alexander E. Horn and Philip Stringer, both of St. Paul, Minn., on the brief), for appellants.

Helon E. Leach, of Owatonna, Minn., for appellee.

Before STONE, GARDNER, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

A tract of land adjoining the right of way of the Chicago, Rock Island and Pacific Railway Company in the City of Owatonna, Minnesota, along with all of the property of that company, passed to trustees under Section 77 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 205, in proceedings before the District Court for the Northern District of Illinois. During such proceedings, the above city sought to condemn this tract, pursuing the condemnation...

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