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FORD MOTOR COMPANY v. BISANZ BROS., INC.

No. 15814.

249 F.2d 22 (1957)

FORD MOTOR COMPANY, Appellant, v. BISANZ BROS., Inc., a corporation, Bisanz Bros. Construction Company, a corporation, and Advance Construction Company, a corporation, on behalf of themselves and other property owners similarly situated, Appellees, and The Chicago-Milwaukee-St. Paul and Pacific Railroad Co., a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

November 13, 1957.

Attorney(s) appearing for the Case

M. J. Doherty, St. Paul, Minn. (R. J. Leonard and Doherty, Rumble & Butler, St. Paul, Minn., on the brief), for appellant.

E. W. Murnane and Murnane & Murnane, St. Paul, Minn., filed brief for appellees Bisanz Bros., Inc., Bisanz Bros. Const. Co. and Advance Const. Co., on behalf of themselves and other property owners similarly situated.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal by the Ford Motor Company from an order of May 2, 1957, denying its application to intervene in a class action brought by Bisanz Bros., Inc., Bisanz Bros. Construction Company, and Advance Construction Company, upon their own behalf and that of other residential-property owners similarly situated, against The Chicago, Milwaukee, St. Paul and Pacific Railroad Co., to enjoin the maintenance and operation by it of certain of...

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