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CHESAPEAKE & O. RY. CO. v. GREENUP COUNTY, KENTUCKY

No. 10704.

175 F.2d 169 (1949)

CHESAPEAKE & O. RY. CO. v. GREENUP COUNTY, KENTUCKY.

United States Court of Appeals Sixth Circuit.

June 3, 1949.

Attorney(s) appearing for the Case

LeWright Browning, Ashland, Ky., LeWright Browning, Ashland, Ky., on the brief; Browning & Gray, Ashland, Ky., of counsel, for appellant.

Oscar Sammons and Thomas E. Nickel, Greenup, Ky., Oscar Sammons, Greenup, Ky., John W. McKenzie, Ashland, Ky., and Thomas E. Nickel, Greenup, Ky., on the brief, for appellee.

Before HICKS, Chief Judge, and ALLEN and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

This condemnation proceeding was brought in its county court by the appellee, Greenup County, Kentucky, against the appellant railroad company. Pursuant to authority granted by Kentucky Revised Statutes (sections 178.120 and 416.110), the county sought to condemn a certain easement for a highway grade crossing over the tracks and right of way of the Chesapeake and Ohio Railway Company; and, by petition of appellant on the ground of diversity...

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