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CHICAGO, ST. P., M. & O. RY. v. HOLMBERG

No. 1.

282 U.S. 162 (1930)

51 S.Ct. 56

75 L.Ed. 270

CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY v. HOLMBERG.

Supreme Court of United States.

Reargued October 23, 1930.

Decided December 1, 1930.

Attorney(s) appearing for the Case

Mr. Wymer Dressler, with whom Messrs. Robert D. Neely, Richard L. Kennedy, and R.N. Van Doren were on the brief, for plaintiff in error.

Messrs. O.S. Spillman, Attorney General of Nebraska, and Hugh LaMaster, Assistant Attorney General, for defendant in error, on the original argument. Mr. Hugh LaMaster, Assistant Attorney General, with whom Mr. C.A. Sorensen, Attorney General, was on the supplemental brief, for defendant in error on reargument.

MR. JUSTICE STONE delivered the opinion of the Court.

This case is here on writ of error, allowed under § 237, Jud. Code, before the amendment of Jan. 31, 1928, to review a judgment of the Supreme Court of Nebraska, which sustained an order of the State Railway Commission. 115 Neb. 727. The order directed plaintiff in error to install, at an estimated cost of $1,153 to it and of $453 to the landowner, an underground cattle pass under its tracks, so as to connect...

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