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CITY OF ST. PAUL v. CHICAGO & NORTH WESTERN TRANSP. CO.

No. 3-76 Civ. 61.

436 F.Supp. 628 (1977)

CITY OF SAINT PAUL, a Municipal Corporation of the State of Minnesota, Complainant-Appellant, v. The CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Defendant-Respondent.

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

July 8, 1977.

Attorney(s) appearing for the Case

Harriet Lansing, St. Paul City Atty. by Jerome J. Segal, Asst. City Atty., St. Paul, Minn., for complainant-appellant.

Philip Stringer, Stringer, Donnelly, Courtney, Cowie & Rohleder, Ltd., St. Paul, Minn., for defendant-respondent.

MEMORANDUM ORDER

FACTS

ALSOP, District Judge.

On July 18, 1921, the Council of the City of St. Paul ("City") adopted an ordinance directing the Chicago, St. Paul, Minneapolis & Omaha Railway Company, the predecessor of the Chicago & North Western Transportation Company ("Railroad"), to construct and thereafter maintain a bridge over the Railroad's tracks and right-of-way at White Bear Avenue. Thereafter the Railroad constructed a two-lane...

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