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VILLAGE OF LOUISVILLE v. CHICAGO, B. & Q.R. CO.

No. 35622.

129 N.W.2d 454 (1964)

177 Neb. 491

The VILLAGE OF LOUISVILLE, Nebraska, a municipal corporation, Appellee, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a corporation, Appellant.

Supreme Court of Nebraska.

July 3, 1964.

Attorney(s) appearing for the Case

Mason, Knudsen, Dickeson & Berkheimer, Lincoln, for appellant.

Lloyd Chapman, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

CARTER, Justice.

This is an appeal from an order of the Nebraska State Railway Commission directing the reopening of a crossing of the Chicago, Burlington & Quincy Railroad in the village of Louisville, Nebraska, at a point described as the Cherry Street crossing.

On November 30, 1962, the village of Louisville filed its complaint with the commission pursuant to section 75-427, R.R.S. 1943, praying that the commission direct the opening of a road across...

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