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FARMERS DRAINAGE DISTRICT v. CHICAGO, M., ST. P. & P. R. CO.

Civ. No. 1160.

223 F.Supp. 208 (1963)

FARMERS DRAINAGE DISTRICT and C. W. Montgomery, C. E. Sumner, and Al Wendel, Trustees of the Farmers Drainage District, Plaintiffs, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Defendant. Edward E. Penner et al., Intervenors.

United States District Court N. D. Iowa, W. D.

November 6, 1963.

Attorney(s) appearing for the Case

Kindig, Beebe & McCluhan, Sioux City, Iowa, for plaintiffs.

Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, Iowa, Evans, Duncan, Jones, Hughes & Riley, Des Moines, Iowa, for defendant.

Kindig, Beebe & McCluhan, Sioux City, Iowa, for intervenors.

HANSON, District Judge.

The Farmers Drainage District has petitioned this court to declare the defendant's bridge, T-182½, which bridge crosses the plaintiffs' ditch, a nuisance and for the court to order that the bridge be elevated so that the bottom does not extend below the tops of the present dikes which run along the ditch. Certain property owners have intervened and it is claimed that the defendant's bridge...

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