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APPLICATION OF VILLAGE OF WALTHILL

Civ. No. 77.

125 F.Supp. 859 (1954)

In the Matter of the application of the VILLAGE OF WALTHILL, Nebraska, and the Chairman and Village Board of said Village for the appointment of Judges to constitute a Court of Condemnation. VILLAGE OF WALTHILL, Nebraska, a municipal corporation, Plaintiff, v. IOWA ELECTRIC LIGHT AND POWER COMPANY, a corporation, Central States Electric Company, a corporation, First National Bank of Chicago (Trustee), a corporation, and Harold Eckhart (Trustee), Defendants.

United States District Court, D. Nebraska, Omaha Division.

November 29, 1954.

Attorney(s) appearing for the Case

Perry & Perry, R. R. Perry and W. W. Nuernberger, Lincoln, Neb., for plaintiff.

Kennedy, Holland, DeLacy & Svoboda, L. J. Tierney, Omaha, Neb., for defendants.

DONOHOE, Chief Judge.

Plaintiff, the Village of Walthill, a Nebraska corporation, instituted this action before a condemnation court appointed pursuant to Sections 19-701 to 19-707, R.R.S., Nebr.1943, to condemn a gas distribution system located in Walthill, Nebraska. The defendant, Iowa Electric Light and Power Company, an Iowa corporation, owner of the gas system removed the action to this court. Plaintiff's motion to remand on the ground that the cause, in its...

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