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CITY OF ST. PAUL v. CHICAGO, ST. P., M. & O. RY. CO.

No. 19151.

413 F.2d 762 (1969)

CITY OF ST. PAUL, a Municipal Corporation, Appellant, v. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY COMPANY, and Chicago and Northwestern Railway Company, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 2, 1969.

Attorney(s) appearing for the Case

Jon R. Duckstad, Asst. Corp. Counsel, City of St. Paul, Minn., for appellant; Joseph P. Summers, Corp. Counsel, City of St. Paul, Minn., on the briefs.

Philip Stringer, of Stringer, Donnelly & Sharood, St. Paul, Minn., for appellees; R. Paul Sharood, St. Paul, Minn., on the brief.

Before MATTHES, MEHAFFY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

The City of St. Paul appeals from a judgment enjoining the enforcement of an amendatory zoning ordinance restricting building heights in a downtown river front area and adjudging the rezoning unconstitutional.

The rezoned area includes a city park which stretches more than three blocks along the edge of a sharp bluff overlooking the Mississippi River and Valley. The appellees' property lies from forty to ninety feet below the surface...

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