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CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. v. IOWA STATE HIGHWAY COM'N

No. 53726.

182 N.W.2d 160 (1970)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellee, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

December 15, 1970.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Henry L. Holst, Special Asst. Atty. Gen., and Robert T. Lego, Asst. Atty. Gen., for appellant.

Bennett A. Webster, Des Moines, for appellee.

BECKER, Justice.

Plaintiff Railroad sought and received a temporary injunction to enjoin the Highway Commission from proceeding with condemnation action against plaintiff to acquire certain highway rights across plaintiff's railroad tracks in Scott County. The temporary injunction was granted. Upon proper application this court granted leave to appeal from the interlocutory order granting a temporary injunction. After due consideration of the issues presented, we...

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