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CHICAGO, ST. P., M. & O. RY. CO. v. PENDER DRAINAGE DIST.

No. 14079.

183 F.2d 773 (1950)

CHICAGO, ST. P., M. & O. RY. CO. v. PENDER DRAINAGE DISTRICT.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 29, 1950.

Attorney(s) appearing for the Case

R. D. Neely, Omaha, Neb., and Mr. Warren Newcome, St. Paul, Minn. (Wymer Dressler, Harry B. Otis, Omaha, Neb., and Robert G. Fuhrman, Pender, Neb., were with them on the brief), for appellant.

Robert R. Moodie, West Point, Neb., and Walter D. James, Lincoln, Neb., for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

PER CURIAM.

The railway company brought this action as plaintiff against the Pender Drainage District as defendant to obtain (on count one) a money judgment for compensation claimed to be recoverable under the Nebraska Constitution for the alleged taking and damaging of plaintiff's right of way, roadbed and track by means of the District's drainage ditch, and (on count two) mandatory injunction to compel the District to re-route its ditch, and after trial on the merits...

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