CINCINNATI, N. O. T. P. RY. CO. v. CITY OF LEXINGTON


86 F.Supp. 913 (1949)

CINCINNATI, N. O. & T. P. RY. CO. v. CITY OF LEXINGTON.

United States District Court E. D. Kentucky.

November 10, 1949.


Attorney(s) appearing for the Case

Harbison, Kessinger, Lisle & Bush, Lexington, Ky., Ben. L. Kessinger, Lexington, Ky., Rufus Lisle, Lexington, Ky., Bradley & Bradley, Georgetown, Ky., for plaintiff.

Leer Buckley, Lexington, Ky., for defendant.


FORD, Chief Judge.

This is an action under 28 U.S.C.A. § 2201 for a declaratory judgment to resolve a controversy between the parties as to whether the defendant, City of Lexington, a municipal corporation of the second class located in Fayette County Kentucky, is obligated to maintain and repair a certain bridge by which Virginia Avenue, a street of the city, passes over the tracks and right of way of the plaintiff, The Cincinnati, New Orleans & Texas Pacific...

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