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IOWA, CHICAGO & EASTERN v. WASHINGTON

No. 03-3136.

384 F.3d 557 (2004)

IOWA, CHICAGO & EASTERN RAILROAD CORPORATION, Plaintiff-Appellant, v. WASHINGTON COUNTY, IOWA, et al., Defendants-Appellees

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2004.

Attorney(s) appearing for the Case

James A. Fletcher, argued, Chicago, IL, for appellant.

Douglas A. Fulton, argued, Des Moines, IA, for appellee.

Before LOKEN, Chief Judge, BYE, Circuit Judge, and MAGNUSON, District Judge.

LOKEN, Chief Judge.

The interstate rail line of the Iowa, Chicago & Eastern Railroad Corporation (IC & E) includes four bridges in Washington County, Iowa. The County wants all four bridges replaced because their antiquated design results in "substandard highway safety conditions at all four sites." Two bridges carry the rail line over County highways. According to the County, they have "severely deficient vertical clearances for highway traffic," and one...

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