CITY OF DAVENPORT v. THREE-FIFTHS OF AN ACRE OF LAND

No. 12153.

252 F.2d 354 (1958)

CITY OF DAVENPORT, a municipal corporation of the State of Iowa, and Davenport Bridge Commission, a police body corporate and politic of the State of Iowa, Plaintiffs-Appellees, v. THREE-FIFTHS OF AN ACRE OF LAND, MORE OR LESS, LOCATED IN THE CITY OF MOLINE, ROCK ISLAND COUNTY, Illinois, City of Moline, a municipal corporation of the State of Illinois, and Unknown Owners, Defendants, City of Moline, a municipal corporation of the State of Illinois, Appellant.

United States Court of Appeals Seventh Circuit.

February 27, 1958.


Attorney(s) appearing for the Case

Thomas A. Matthews, Chicago, Ill., John R. Coryn, Moline, Ill., Byron S. Matthews, Chicago, Ill., for defendant-appellant.

Donald H. Sitz, Davenport, Iowa, Robert G. Graham, Moline, Ill., Charles D. Waterman, Davenport, Iowa, for plaintiffs-appellees, Graham, Califf & Harper, Moline, Ill., Lane & Waterman, Davenport, Iowa, of counsel.

Before FINNEGAN, SCHNACKENBERG and PARKINSON, Circuit Judges.


FINNEGAN, Circuit Judge.

Congress, through a specific Act,1 conferred the power of eminent domain on the City of Davenport, an Iowa municipal corporation, and on the Davenport Bridge Commission, a police body corporate, State of Iowa, plaintiff, to acquire land in connection with the enlargement and reconstruction of the Iowa-Illinois Memorial Bridge spanning the Mississippi River. Resisting plaintiffs' action filed under Rule 71A, Federal...

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