CHICAGO, B. & Q. R. CO. v. NORTH KANSAS CITY DEVELOP. CO.

No. 12243.

134 F.2d 142 (1943)

CHICAGO, B. & Q. R. CO. v. NORTH KANSAS CITY DEVELOPMENT CO. et al. NORTH KANSAS CITY DEVELOPMENT CO. et al. v. CHICAGO, B. & Q. R. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

March 2, 1943.


Attorney(s) appearing for the Case

Andrew C. Scott, of Chicago, Ill. (John L. Rice, of Denver, Colo., William S. Hogsett and Hale Houts, both of Kansas City, Mo., and Raymond E. Skov, J. C. James, Walter McFarland, and Eldon Martin, all of Chicago, Ill., on the brief), for Chicago, B. & Q. R. Co.

Godfrey Goldmark, of New York City, and Henry N. Ess, of Kansas City, Mo. (Elton L. Marshall and Paul Barnett, both of Kansas City, Mo., and Max Freund, of New York City, on the brief), for North Kansas City Development Company and others.

Before SANBORN, THOMAS, and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

The Burlington Railroad sought to condemn,1 for railroad purposes, 19 separate right-of-way strips, each about 17 feet in width, totalling 18.86 acres, and the 10.8 miles of lead tracks and 94 switch turnouts constructed thereon, constituting the middle portion of some 40-foot alley-ways in the North Kansas City Industrial District of North Kansas City, Clay County, Missouri...

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