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MICHIGAN SOUTH. R.R. v. CITY OF KENDALLVILLE, IN

No. 00-4213.

251 F.3d 1152 (2001)

MICHIGAN SOUTHERN RAILROAD COMPANY, f/k/a Wabash & Western Railway Co., Plaintiff-Appellant, v. CITY OF KENDALLVILLE, INDIANA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 6, 2001.

Attorney(s) appearing for the Case

Jonathan L. Kazense (argued), Daniel A. LaKemper, Peoria, IL, for Plaintiff-Appellant.

Micahel M. Yoder, Kendallville, IN, Shane C. Mulholland (argued), Myers & Geisleman, Fort Wayne, IN, for Defendant-Appellee.

Before FLAUM, Chief Judge, and BAUER and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

The City of Kendallville, a fairly small (2000 population: 9,616) town tucked in the northeast corner of Indiana, wants the Michigan Southern Railroad Company to cut the weeds on its right-of-way. The district court ordered the railroad to cut some of the weeds, and it appeals.

Kendallville has a municipal ordinance regarding weed control. In its attempt to enforce the ordinance against the railroad on its 100 foot wide right...

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