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CHICAGO, R. I. & P. R. CO. v. STUDE

Nos. 14724-14726.

204 F.2d 116 (1953)

CHICAGO, R. I. & P. R. CO. v. STUDE et al. STUDE v. CHICAGO, R. I. & P. R. CO. STUDE et al. v. CHICAGO, R. I. & P. R. CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 17, 1953.

Attorney(s) appearing for the Case

A. B. Howland, Des Moines, Iowa (R. L. Read and B. A. Webster, Jr., Des Moines, Iowa, were with him on the brief), for Chicago, R. I. & P. R. Co.

Raymond A. Smith, Council Bluffs, Iowa, and Harold W. Kauffman, Omaha, Neb. (Philip J. Willson, John M. Peters, Council Bluffs, Iowa, G. C. Wyland, Avoka, Iowa, Daniel J. Gross, Omaha, Neb., and Dorothy O'D Martin, Atlantic, Iowa, were with them on the brief), for Archie C. Stude et al.

Before GARDNER, Chief Judge, and THOMAS and COLLET, Circuit Judges.

Rehearing Denied June 17, 1953. See 204 F.2d 954.

COLLET, Circuit Judge.

This action involves the right of the Rock Island Railroad Company to have the issue of damages for the taking of private property by eminent domain under state law determined in the federal courts.

The actions, ten in number,1 were initiated by the Rock Island by filing with the sheriff of Pottawattamie County, Iowa...

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