MINNEAPOLIS EASTERN RAILWAY CO. v. CITY OF MINNEAPOLIS

No. 36,758.

247 Minn. 413 (1956)

77 N.W. (2d) 425

MINNEAPOLIS EASTERN RAILWAY COMPANY AND ANOTHER v. CITY OF MINNEAPOLIS.

Supreme Court of Minnesota.

June 1, 1956.


Attorney(s) appearing for the Case

Charles A. Sawyer, City Attorney, and D.J. Shama, Assistant City Attorney, for appellant.

Warren Newcome, G.F. Fristensky, Stuart W. Rider, Jr., A.C. Erdall, and G.F. Bennett, for respondent Minneapolis Eastern Railway Company.

Richard Musenbrock, for respondent Minneapolis & St. Louis Railway Company.

Marshall F. Hurley, Corporation Counsel, and Terrance S. O'Toole, Assistant Corporation Counsel, for city of St. Paul, amicus curiae.

Harry E. Weinberg, City Attorney, for city of Duluth, amicus curiae.


MATSON, JUSTICE.

Appeal from a judgment of the district court affirming an order of the Railroad and Warehouse Commission.

The primary question upon this appeal is whether the Railroad and Warehouse Commission, in the absence of the holding of at least one public hearing in the city of Minneapolis as required by M.S.A. 219.39, had jurisdiction to issue an order apportioning between respondent railroads and the city the cost of reconstructing an existing...

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