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DAVIS-MOORE, ETC. v. MISSOURI PAC. R. CO.

No. 43679.

316 N.W.2d 593 (1982)

210 Neb. 652

DAVIS-MOORE INDUSTRIAL PARK, Appellee, City of Omaha, Intervenor-Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Nebraska.

February 26, 1982.

Attorney(s) appearing for the Case

R. A. Skochdopole and Robert F. Craig of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellant.

Victor J. Lich, Jr., Gerald P. Herold and Emmett D. Childers of Lich, Herold & Mackiewicz, Omaha, for appellee Davis-Moore.

Herbert M. Fitle, Omaha, City Atty., and Robert J. Hamer, Omaha, for appellee City.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

McCOWN, Justice.

Davis-Moore Industrial Park filed a complaint with the Nebraska Public Service Commission requesting that the defendant, Missouri Pacific Railroad Company, be directed to construct a temporary and permanent crossing at a specific location on the defendant's railroad track within the City of Omaha. The City of Omaha intervened in support of the complaint. The commission sustained the complaint and ordered the railroad to construct a vehicular crossing...

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