CITY OF ST. PETERSBURG v. ATLANTIC COAST LINE R. CO.

No. 9144.

132 F.2d 675 (1943)

CITY OF ST. PETERSBURG v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fifth Circuit.

January 7, 1943.


Attorney(s) appearing for the Case

Carroll R. Runyon and Harry I. Young, both of St. Petersburg, Fla., for appellant.

McKinney Barton, of St. Petersburg, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

The city of St. Petersburg, Florida, brought an action in ejectment to recover the use and possession of a vacated and closed portion of a street which, since the year 1905, has been continuously used and occupied by the Atlantic Coast Line Railroad Company as part of the site of a freight depot. The material facts were stipulated, judgment was entered for the railroad, and the City appealed.

Eighth Street South was and is a public street...

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