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GREAT NORTHERN RY. CO. v. McDONNELL

No. 7219.

45 N.W.2d 721 (1950)

GREAT NORTHERN RY. CO. v. McDONNELL et al.

Supreme Court of North Dakota.

Rehearing Denied February 9, 1951.

Attorney(s) appearing for the Case

Herbert G. Nilles, Fargo, for appellant.

Wallace E. Warner, Atty. Gen., Richard P. Gallagher, Asst. Atty. Gen. and Commerce Counsel, for Public Service Commission.

Clifford Jansonius, Bismarck, for State Highway Department.

MORRIS, Judge.

In this proceeding the State Highway Department of North Dakota seeks the authority of the Public Service Commission of the state to abandon an underpass under the track of the Watford City branch of the Great Northern Railway about five miles west of Watford City and construct a grade crossing approximately 2,600 feet west of the underpass with automatic warning signals installed at the grade crossing. The...

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