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C. & O.R. CO. v. PUBLIC SERVICE COMM.

Docket No. 51, Calendar No. 46,812.

347 Mich. 234 (1956)

79 N.W.2d 586

CHESAPEAKE & OHIO RAILWAY COMPANY v. PUBLIC SERVICE COMMISSION.

Supreme Court of Michigan.

Rehearing denied May 17, 1957.

Attorney(s) appearing for the Case

Edward H. Goodman and Robert B. Seeley (James W. Williams, of counsel), for plaintiff.

Thomas M. Kavanagh, Attorney General, Edmund E. Shepherd, Solicitor General, Joseph A. Sullivan, Robert A. Derengoski and Daniel J. O'Hara, Assistants Attorney General, for defendants.

Amicus Curiae: H. Victor Spike.

KELLY, J.

This appeal calls for the interpretation and construction of PA 1931, No 336, §§ 2 and 8,* and more particularly the Michigan highway commissioner's right and authority to bind the State to pay for installation and operating expenses of a flasher light at a highway-railroad crossing.

The highway department sought permission to construct a highway across the tracks of the Chesapeake & Ohio Railway Company...

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