CHICAGO, B. & Q. R. CO. v. CITY OF NORTH KANSAS CITY, MO.

Nos. 16308, 16309.

276 F.2d 932 (1960)

CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a Corporation, Appellant, v. CITY OF NORTH KANSAS CITY, MISSOURI, a Municipal Corporation, Appellee. CITY OF NORTH KANSAS CITY, MISSOURI, a Municipal Corporation, Appellant, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

April 12, 1960.


Attorney(s) appearing for the Case

Andrew C. Scott, Chicago, Ill., for the Chicago, Burlington & Quincy R. R. Co.

Wilfred Wimmell, Brenner, Wimmell, Ewing & Lockwood, Kansas City, Mo., for the City of North Kansas City, Missouri.

Before GARDNER, VOGEL and VAN OOSTERHOUT, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This is an appeal by defendant Chicago, Burlington & Quincy Railroad Company, hereinafter called Burlington, from a judgment rendered against it in favor of City of North Kansas City, Missouri, for $138,475.62 as a recovery of the cost of construction by the city of 514 feet of subterranean combined sanitary and storm sewer extending under and across Burlington's North Kansas City train yard at a point ten to eighteen feet below...

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