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CITY OF TULSA v. MIDLAND VALLEY R. CO.

No. 3538.

168 F.2d 252 (1948)

CITY OF TULSA, OKL., et al. v. MIDLAND VALLEY R. CO.

Circuit Court of Appeals, Tenth Circuit.

May 11, 1948.

Attorney(s) appearing for the Case

Milton W. Hardy and A. M. Widdows both of Tulsa, Okl. (Chas. R. Bostick, City Atty., of Perry, Okl., and Summers Hardy, of Tulsa, Okl., on the brief), for appellants.

James D. Gibson, of Muskogee, Okl. and H. L. Smith, of Tulsa, Okl., for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

In April 1946, the City of Tulsa, Oklahoma, by appropriate resolution, declared its 5th street to be an arterial highway and directed the City Engineer to notify the Midland Valley Railroad Company to restore the crossing at 5th street to the condition existing prior to the time it was closed in 1928 by an order of the State Corporation Commission. When the Railroad Company refused and the City sent its employees upon the right of way to open...

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