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SAVAGE v. IOWA DEVELOPMENT COMPANY

No. 15363.

226 F.2d 936 (1955)

Thomas SAVAGE, Elizabeth Z. Savage, Nathan P. Malcolm, Elsie Malcolm, J. E. Polkinghorne, Appellants, v. IOWA DEVELOPMENT COMPANY, a corporation, Chicago Great Western Railway Company of Minnesota, a corporation, Town of Inver Grove and Bryan D. McGroarty, Albert Fisher and Charles Boche, as Members of the Board of Supervisors of the Town of Inver Grove, Dakota County, Minnesota, Appellees.

United States Court of Appeals Eighth Circuit.

November 3, 1955.

Attorney(s) appearing for the Case

John G. Robertson, St. Paul, Minn. (Oppenheimer, Hodgson, Brown, Baer & Wolff, and R. F. Leach, St. Paul, Minn., were with him on the brief), for appellants.

Lawrence L. Lenertz, So. St. Paul, Minn., for appellees Town of Inver Grove and the supervisors.

Vance B. Grannis, So. St. Paul, Minn. (Grannis & Grannis, So. St. Paul, Minn., were with him on the brief), for appellees, Chicago Great Western Ry. Co. and Iowa Development Co.

Before STONE, WOODROUGH and VOGEL, Circuit Judges.

WOODROUGH, Circuit Judge.

The appellants here are the owners respectively of a nine acre tract of land, a 20 acre tract and a 26 acre tract, with improvements, in the town of Inver Grove, Dakota County, Minnesota. They have taken this appeal to reverse a judgment which dismissed their suit to enjoin release of zoning restrictions from defendants' neighboring property. The suit was brought by them against the Town, its supervisors, the Great Western Railroad and its...

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