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MO. PAC. RY. v. OMAHA

No. 47.

235 U.S. 121 (1914)

35 S.Ct. 82

59 L.Ed. 157

MISSOURI PACIFIC RAILWAY COMPANY v. CITY OF OMAHA.

Supreme Court of United States.

Decided November 30, 1914.

Attorney(s) appearing for the Case

Mr. J.A.C. Kennedy, with whom Mr. B.P. Waggener, Mr. T.L. Philips and Mr. Martin L. Clardy were on the brief, for appellant.

Mr. John A. Rine and Mr. William C. Lambert, with whom Mr. B.S. Baker and Mr. L.J. Te Poel were on the brief, for appellee:

MR. JUSTICE DAY delivered the opinion of the court.

This suit was originally instituted in the Circuit Court of the United States for the District of Nebraska. Its object was to enjoin the City of Omaha from requiring the Missouri Pacific Railway Company, by virtue of a certain ordinance of the City, to construct a viaduct over and across its line of railway and along Dodge Street, in said City. The Circuit Court dismissed...

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