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CITY OF OWATONNA v. CHICAGO, ROCK ISLAND & PACIFIC R. CO.

No. 1-69 Civ. 53.

310 F.Supp. 920 (1970)

CITY OF OWATONNA, Plaintiff-Respondent, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Defendant-Appellant.

United States District Court, D. Minnesota, First Division.

March 20, 1970.

Attorney(s) appearing for the Case

George E. Dow, Jr., City Atty., Owatonna, Minn., Best, Flanagan, Lewis, Simonet & Bellows, by Harold C. Evarts, Minneapolis, Minn., for plaintiff.

Stringer, Donnelly & Sharood, by A. James Dickinson and Philip Stringer, St. Paul, Minn., for defendant.

MEMORANDUM DECISION AND ORDER FOR JUDGMENT

NEVILLE, District Judge.

The mainline of the Chicago, Rock Island and Pacific Railroad runs through the City of Owatonna, Minnesota. For a distance of some 4,700 feet Mosher (formerly Balsam) Avenue parallels and is contiguous to the East side of its right-of-way. In 1967 the City commenced the necessary proceedings looking toward the improvement of Mosher Avenue to convert it from a gravel and dirt road to a paved...

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