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CHICAGO & NW TRANSP. v. GOLDEN SUN FEEDS

No. 89-1220.

462 N.W.2d 689 (1990)

CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellant, v. GOLDEN SUN FEEDS, INC. and Iowa Department of Transportation, Appellees.

Court of Appeals of Iowa.

September 26, 1990.

Attorney(s) appearing for the Case

S.P. DeVolder of Gamble, Riepe, Webster, Davis & Green, Des Moines, for petitioner-appellant.

Harold W. White of Fitzgibbons Bros., Estherville, for respondent-appellee Golden Sun Feeds.

Thomas J. Miller, Atty. Gen., Charles J. Krogmeier, Deputy Atty. Gen., and Ted Metier, Asst. Atty. Gen., for respondent-appellee Iowa DOT.

Heard by OXBERGER, C.J., and DONIELSON and HAYDEN, JJ.

DONIELSON, Judge.

In 1975 Golden Sun Feeds, Inc. (GSF) entered into an agreement with the Chicago, Rock Island and Pacific Railroad (the predecessor of Chicago and North Western Transportation Company—CNW) to have a switch and spur track constructed to service its facility in Estherville, Iowa. GSF spent over $150,000 on this project. After 1981 GSF received a declining number of carloads over the track. In 1984, 1985, and 1986 it received no rail shipments...

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