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UNION LIME CO. v. CHICAGO & N.W. RY. CO.

No. 529.

233 U.S. 211 (1914)

34 S.Ct. 522

58 L.Ed. 924

UNION LIME COMPANY v. CHICAGO AND NORTHWESTERN RAILWAY COMPANY.

Supreme Court of United States.

Decided April 6, 1914.

Attorney(s) appearing for the Case

Mr. George Lines, with whom Mr. Willet M. Spooner, Mr. Fred C. Ellis and Mr. Louis Quarles were on the brief, for plaintiff in error.

Mr. Edward M. Smart, with whom Mr. Edward M. Hyzer was on the brief, for defendant in error, Chicago & Northwestern Railway Company.

Mr. Walter Drew, with whom Mr. L.E. Lurvey was on the brief, for defendant in error, Eden Independent Lime and Stone Company.

By leave of the court, Mr. W.C. Owen, Attorney General of the State of Wisconsin, and Mr. Walter Drew, filed a brief as amici curiae.

MR. JUSTICE HUGHES delivered the opinion of the court.

This proceeding was instituted by the Chicago and Northwestern Railway Company to take land for a spur, the construction of which had been ordered by the Railroad Commission of the State. The land was owned by the Union Lime Company, the plaintiff in error, and the application was resisted upon the ground that it was sought to be taken for a private, and not a public, use and therefore that its taking would operate...

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