C. & O.R. CO. v. HERZBERG

Docket No. 3,932.

15 Mich. App. 271 (1968)

166 N.W.2d 652

THE CHESAPEAKE & OHIO RAILWAY COMPANY v. HERZBERG

Michigan Court of Appeals.

Decided December 24, 1968.


Attorney(s) appearing for the Case

Weadock & Montgomery (Allan F. Schmaltzriedt and Edward H. Goodman, of counsel), for petitioners.

Floyd T. Fuss, for respondents.


LESINSKI, C.J.

A petition for condemnation was filed by the Chesapeake and Ohio Railway for the acquisition for railroad purposes of certain lands in which defendants have an interest. Pursuant to the petition, three commissioners were appointed by the Saginaw county probate court. Defendants never filed a motion or answer to the petition, although they did participate in a hearing held by the court and commissioners. Following the commissioners' determination of...

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