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KANSAS CITY SOUTHERN RAILROAD CO. v. CITY OF DeRIDDER

No. 2193.

206 So.2d 562 (1968)

The KANSAS CITY SOUTHERN RAILROAD COMPANY, Plaintiff-Appellee, v. CITY OF DeRIDDER, Louisiana, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied February 19, 1968.

Writs Refused April 11, 1968.

Attorney(s) appearing for the Case

Hall & Coltharp, by L. H. Coltharp, Jr., DeRidder, for defendant-appellant.

Porter, Scofield & Cox, by James J. Cox, Lake Charles, for plaintiff-appellee.

Before HOOD, CULPEPPER and LEAR, JJ.

HOOD, Judge.

This is an action for a declaratory judgment annulling a paving assessment insofar as it purports to affect a tract of land occupied by plaintiff as a right of way for a railroad.

The suit was instituted by The Kansas City Southern Railroad Company against the City of DeRidder. The property affected by the special assessment is a strip of land on which a part of the main line of defendant's railroad...

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