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MATTER OF CHICAGO, MILWAUKEE, ST. PAUL & P. R. CO.

Nos. 83-1176, 83-1309.

738 F.2d 209 (1984)

In the Matter of CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Debtor. Appeal of The CITY OF NEW HAMPTON, IOWA.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 1984.

Attorney(s) appearing for the Case

Kevin T. Keating, McDermott, Will & Emery, Chicago, Ill., for appellant.

David M. Spector, Isham, Lincoln & Beale, Chicago, Ill., for respondent.

Before BAUER and WOOD, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

This appeal is from an order of the district court for the Northern District of Illinois, the court having jurisdiction over the reorganization of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee Road), setting aside and permanently enjoining condemnation proceedings initiated against the debtor's property by the City of New Hampton, Iowa (the City).

In the fall of 1981 the City began negotiating with...

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