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CITY OF ALEXANDRIA, LA. v. CHICAGO, ROCK ISLAND & PACIFIC R. CO.

No. 19675.

311 F.2d 7 (1962)

CITY OF ALEXANDRIA, LOUISIANA, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellees.

United States Court of Appeals Fifth Circuit.

November 30, 1962.

Attorney(s) appearing for the Case

Frank H. Peterman, George B. Hall, Alexandria, La., for appellant.

Nauman S. Scott, Provosty, McSween, Sadler & Scott, Alexandria, La., Wright, Lindsey, Jennings, Lester & Shults, Little Rock, Ark., for plaintiff-appellees.

Before HUTCHESON, WISDOM and GEWIN, Circuit Judges.

WISDOM, Circuit Judge.

The unusual posture of the parties to this appeal relates to the enforcement of a city's paving lien when the property subject to the lien includes a portion of a railroad roadbed. The validity of the lien is not at issue. The question for decision is whether the city's enforcement of its lien by execution proceedings through seizure and sale of the property is tantamount to the railroad's "abandonment" of the line within the meaning of the...

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