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MICHIGAN MILLERS MUT. FIRE INS. CO. v. CANADIAN NO. RY. CO.

No. 1122.

58 F.Supp. 326 (1944)

MICHIGAN MILLERS MUT. FIRE INS. CO. et al. v. CANADIAN NORTHERN RY. CO.

District Court, D. Minnesota, Fourth Division.

November 21, 1944.

Attorney(s) appearing for the Case

Bowen & Bowen, of Minneapolis, Minn., for plaintiffs.

Gillette, Nye, Harries & Montague, of Duluth, Minn., for defendant.

NORDBYE, District Judge.

The facts necessary to the determination of this motion appear to be the following:

On or about September 23, 1941, defendant leased part of its right of way at Pitt, Minnesota, to one John P. O'Neill for a period of one year and from year to year thereafter. Pursuant to the lease, O'Neill built a warehouse on the property, and on or about October 24, 1942, he assigned all his right, title...

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