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

Nos. 1-71-Civ.-144, 1-71-Civ.-194.

331 F.Supp. 47 (1971)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Plaintiff, v. CITY OF ROCHESTER, a Corporation, Defendant. CITY OF ROCHESTER, Plaintiff and Condemnor, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Defendant and Condemnee.

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

September 13, 1971.

Attorney(s) appearing for the Case

Stringer, Donnelly, Allen & Sharood, Philip Stringer, St. Paul, Minn., for Chicago and North Western Railway Co.

Gerald H. Swanson, City Atty., Rochester, Minn., for City of Rochester.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The Chicago and North Western Railway Company brought this action (1-71-Civ-144) against the City of Rochester, seeking to enjoin it from taking possession of a portion of the railroad right-of-way located in the city of Rochester.1 Civil Action 1-71-194 originated in April of 1971 as a condemnation proceeding before the Rochester Common Council...

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