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VILLAGE OF WALTHILL, NEB. v. IOWA ELECTRIC LIGHT & P. CO.

No. 15400.

228 F.2d 647 (1956)

VILLAGE OF WALTHILL, NEBRASKA, a Municipal Corporation, Appellant, v. IOWA ELECTRIC LIGHT AND POWER COMPANY, a Corporation; and First National Bank of Chicago (Trustee), a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 16, 1956.

Attorney(s) appearing for the Case

W. W. Nuernberger, Lincoln (Ernest B. Perry, Arthur E. Perry, and R. R. Perry, Lincoln, Neb., were with him on the brief), for appellant.

Lawrence J. Tierney, Omaha, Neb. (Ralph E. Svoboda, R. A. Skochdopole, and Kennedy, Holland, Delacy & Svoboda, Omaha, Neb., were with him on the brief), for appellees.

Before SANBORN, JOHNSEN, and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This action involves a condemnation proceeding whereby the Village of Walthill in Nebraska, appellant, is seeking to condemn a gas distribution system located in said Village and owned by appellees, Iowa Electric Light and Power Company and First National Bank of Chicago (Trustee). Upon appellees' petition this case was removed to the Federal Court. A motion to remand upon the ground that the Federal Court was without jurisdiction for...

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