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NEW YORK CENTRAL RAILROAD CO. v. TOWN OF GLASGOW

No. 10822.

95 S.E.2d 420 (1956)

The NEW YORK CENTRAL RAILROAD COMPANY v. The TOWN OF GLASGOW et al.

Supreme Court of Appeals of West Virginia.

December 4, 1956.

Attorney(s) appearing for the Case

Kay, Casto & Chaney, Robert H. C. Kay, Charleston, for appellant.

Bibby & Good, Albert F. Good, Nathan S. Poffenbarger, Jackson, Kelly, Holt & O'Farrell, W. Goodridge Sale, Charleston, for appellees.

LOVINS, Judge.

This suit involves the validity of certain assessments for street paving against the land of the New York Central Railroad Company abutting on Second and Third Avenues in the Town of Glasgow, Kanawha County, West Virginia. Suit was brought by the New York Central Railroad Company, hereinafter referred to as plaintiff, against the Town of Glasgow, a municipal corporation, hereinafter referred to as defendant, and Andersons' Inc., a contractor

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