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CHICAGO & NORTH WESTERN RY. CO. v. CITY OF REDFIELD

No. 10500.

160 N.W.2d 640 (1968)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Plaintiff and Appellant, v. CITY OF REDFIELD (In Spink County, South Dakota), Defendant and Respondent.

Supreme Court of South Dakota.

August 15, 1968.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and appellant.

Galen G. Gillette, Lawrence E. Kayl, Redfield, for defendant and respondent.

HANSON, Presiding Judge.

The Chicago and Northwestern Railway Company is the owner of property included in one of the City of Redfield's proposed street improvement projects. This action to enjoin and restrain the proposed special assessment of abutting property was dismissed by the trial court and plaintiff appeals.

Pursuant to SDC 1960 Supp. 45.17011 the common council of the City of Redfield

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