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SAVE THE TRAINS ASS'N v. CHICAGO & N. W. RY. CO.

No. 34510.

95 N.W.2d 334 (1959)

168 Neb. 180

SAVE THE TRAINS ASSOCIATION, Appellant, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellee.

Supreme Court of Nebraska.

March 13, 1959.

Attorney(s) appearing for the Case

Viren, Emmert, Hilmes & Gunderson, Don S. Bergquist, Jr., Omaha, for appellant.

Neely & Otis, Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

MESSMORE, Justice.

There is no dispute in the facts relating to this case. They are conclusively set out in our opinion in Application of Chicago & N. W. Ry. Co. (Chicago & N. W. Ry. Co. v. Save the Trains Ass'n), 167 Neb. 61, 91 N.W.2d 312. Briefly stated, the State Railway Commission, hereinafter referred to as the commission, by its order of February 7, 1958, authorized the Chicago and...

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