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CHICAGO, ROCK ISLAND & PAC. R. CO. v. IOWA STATE C. COM'N

No. 49023.

80 N.W.2d 351 (1957)

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Appellant, v. IOWA STATE COMMERCE COMMISSION, Carl W. Reed, John M. Ropes and John A. Tallman, as Chairman and Members of the Iowa State Commerce Commission, Appellees.

Supreme Court of Iowa.

January 15, 1957.

Attorney(s) appearing for the Case

A. B. Howland, J. H. Martin, and B. A. Webster, Jr., Des Moines, for appellant.

Conrad A. Amend, Iowa Commerce Counsel, and Richard Hudson, Asst. Commerce Counsel, Des Moines, for appellees.

THOMPSON, Justice.

On December 12, 1954, the City of Iowa City, acting under the provisions of Chapter 387 of the Code of 1954, adopted its ordinance No. 2096, which determined that the plaintiff-appellant herein should erect a viaduct upon Dodge Street in that city across the plaintiff's railroad tracks, including the approaches thereto. The ordinance also provided for the width of the proposed viaduct, for sidewalks along each side and for the clearance over the...

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