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PUB. SERV. COMM. v. FT. WAYNE U. RY. CO.

No. 28,947.

232 Ind. 82 (1953)

111 N.E.2d 719

PUBLIC SERVICE COMMISSION, STATE OF INDIANA THROUGH THE STATE HIGHWAY COMMISSION OF INDIANA v. FORT WAYNE UNION RAILWAY COMPANY.

Supreme Court of Indiana.

Filed April 21, 1953.

Attorney(s) appearing for the Case

Edwin K. Steers, Jr., Attorney General, J. Emmett McManamon, former Attorney General, Clyde Jones, Connor Ross, Richard G. Stewart, Fred R. Bechdolt and Jesse D. Wright, Deputy Attorneys General, for appellant.

McHale, Patrick, Cook & Welch, of Indianapolis, and Clay Marsteller, of Cleveland, Ohio, for appellee.

DRAPER, J.

The appellee, Fort Wayne Union Railway Company, was organized for the purpose of affording interchange facilities between the lines of four other railroads and the various industries served by them in and near Fort Wayne, Indiana. In 1925 it constructed two miles of main line at a grade elevation which it deemed most suitable and best adapted to its contemplated operations and said line has been and is now being operated for such purposes at said grade...

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