CITY OF DES MOINES, IOWA v. CHICAGO & N. W. RY. CO.

No. 15981.

264 F.2d 454 (1959)

CITY OF DES MOINES, IOWA, Capital City State Bank, Des Moines, Iowa, and Iowa State Bank, Des Moines, Iowa, Appellants, v. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

March 5, 1959.


Attorney(s) appearing for the Case

Donald L. Beving, Des Moines, Iowa (Milton W. Strickler and Fey H. Moody, Des Moines, Iowa, on the brief), for appellants.

Frank W. Davis, Des Moines, Iowa (Ray H. Johnson, Jr., and Davis, Huebner, Johnson, Herring & Burt, Des Moines, Iowa, on the brief), for appellee.

Before SANBORN, JOHNSEN and VAN OOSTERHOUT, Circuit Judges.


JOHNSEN, Circuit Judge.

In a diversity suit, removed from state court, the City of Des Moines, Iowa, sought a writ of injunction against the Chicago and North Western Railway Company, to prevent the Railway from further using East Fourth Street in the City as part of its right of way, and to compel it to remove its tracks and roadbed therefrom. A number of interveners joined in the City's request for relief.

The Railway is an interstate carrier, subject to...

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