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WILKEY v. CINCINNATI, NEW ORLEANS & TEXAS PAC. RY. CO.

340 S.W.2d 256 (1960)

Walter WILKEY et al., Complainants, Appellees, v. CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY, et al., Defendants, Appellants,

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied September 9, 1960.

Attorney(s) appearing for the Case

Whitaker, Hall & Haynes, Chattanooga, and C. P. Swafford, Dayton, for appellant Railway Company.

Geo. F. McCanless, Atty. Gen., and James M. Glasgow, Asst. Atty. Gen. and Solicitor, for appellant State Commissioner of Highways.

Walter Cheers and O. W. McKenzie, Dayton, for appellees.

Certiorari Denied by Supreme Court September 9, 1960.

McAMIS, Presiding Judge.

The State Commissioner of Highways and C.N.O. & T.P. Ry. Co. appeal from a decree of the Chancery Court of Rhea County permanently enjoining the Railway Company and the City of Dayton from closing a railway crossing on West Second Avenue in Dayton.

Wilkey and other property owners who had used the crossing on West Second Avenue in going to and from schools and the business...

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