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VILLAGE OF SHOSHONE v. OREGON SHORT LINE R. CO.

No. 1771.

1 F.Supp. 661 (1932)

VILLAGE OF SHOSHONE v. OREGON SHORT LINE R. CO.

District Court, D. Idaho, S. D.

November 9, 1932.

Attorney(s) appearing for the Case

Fred J. Babcock, Atty. Gen., Maurice H. Greene, Asst. Atty. Gen., and Paul S. Haddock, of Shoshone, Idaho, for plaintiff.

Geo. H. Smith, of Salt Lake City, Utah, and H. B. Thompson and Chas. A. Root, both of Pocatello, Idaho, for defendant.

CAVANAH, District Judge.

This action was brought by plaintiff in the state court to condemn an easement for a highway or street eighty feet wide by two hundred feet long across the right of way of the defendant railroad company, and praying that the court ascertain and assess the value of the easement to be condemned and the improvements on the realty.

The defendant filed a petition for removal to this court upon the ground that it is a citizen and resident...

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