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SOUTHERN RY. CO. v. BOARD OF COM'RS, ETC.

No. 2-381A90.

426 N.E.2d 445 (1981)

SOUTHERN RAILWAY COMPANY, Respondent-Appellant, v. BOARD OF COMMISSIONERS OF VANDERBURGH COUNTY, Petitioner-Appellee, Public Service Commission of Indiana Frank J. Biddinger, Public Counselor, State of Indiana, Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied November 6, 1981.

Attorney(s) appearing for the Case

F. Wesley Bowers, David E. Gray, Bowers, Harrison & Kent, Evansville, for respondent-appellant.

David V. Miller, Timothy J. Hubert, Grove, Miller & Krohn, Evansville, for petitioner-appellee.

ROBERTSON, Judge.

Southern Railway Company (Southern) is appealing an order of the Public Service Commission (PSC) requiring the removal or restoration of two railroad overpasses over the Booneville-New Harmony Road and the Bender Road, both located in Vanderburgh County, Indiana. PSC ordered the Booneville-New Harmony grade separation to be removed or restored at Southern's expense and the cost of the Bender Road separation to be removed or restored at Southern's...

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