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CHICAGO & N. WESTERN TRANSP. v. WEBSTER COUNTY

No. 95-1969.

71 F.3d 265 (1995)

CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, n/k/a Chicago and North Western Railway Company, Appellant, v. WEBSTER COUNTY BOARD OF SUPERVISORS, as Trustees for Webster County Drainage Districts 197, 197 Branch 2, 106, 64, 89 and 255, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 24, 1995.

Rehearing and Suggestion for Rehearing Denied January 2, 1996.

Attorney(s) appearing for the Case

Steven P. DeVolder, Des Moines, Iowa, argued, for appellant.

James L. Kramer, Fort Dodge, Iowa, argued (Susan L. Ahlers, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Circuit Judge, and WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 2, 1996.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Chicago and North Western Transportation Company operates a railroad company with tracks located in Webster County, Iowa. The Webster County Board of Supervisors is the trustee for a drainage district and the railroad's right-of-way crosses a ditch that the district maintains. As part of a project to widen the ditch, the board decided to enlarge the...

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