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CITY OF DES MOINES v. CHICAGO & NORTH WESTERN RY. CO.

Civ. A. No. 3-779.

159 F.Supp. 223 (1958)

CITY OF DES MOINES, Iowa, Plaintiff, East Des Moines Civic Development Association, et al., Intervenor-Plaintiffs, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Defendant, Central Service Company and Arthur H. Neuman & Bros., Inc., Intervenor-Defendants.

United States District Court S. D. Iowa, Central Division.

February 10, 1958.

Attorney(s) appearing for the Case

Milton W. Strickler, Corp. Counsel, and Anthony T. Renda, City Sol., Fey H. Moody, as Special City Sol., Des Moines, Iowa, for plaintiff City of Des Moines.

Fey H. Moody, Don C. Swanson, Donald L. Beving, Des Moines, Iowa, for intervening plaintiffs.

Frank W. Davis and Ray H. Johnson, Jr., Des Moines, Iowa, for defendant Railway Co.

R. L. Read, A. B. Howland, John Gamble, B. A. Webster, Jr., Des Moines, Iowa, for intervening defendants.

HICKLIN, District Judge.

This is an action brought by the City of Des Moines to restrain the defendant railway company from continuing the use of East Fourth Street, which lies on the east side of the Des Moines River. A petition of intervention was filed by various mercantile establishments also seeking the same aid. The action was removed to this Court on grounds of diversity of citizenship. Since the removal other interventions...

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