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SYRACUSE GRADE CROSSING COMM. v. D. L. & W. R. R. CO.

197 Misc. 192 (1940)

Syracuse Grade Crossing Commission, Plaintiff, v. Delaware, Lackawanna & Western Railroad Company et al., Defendants.

Supreme Court, Onondaga County.

July 15, 1940.

Attorney(s) appearing for the Case

James C. Tormey and John H. Walrath for plaintiff.

Gay H. Brown and Sherman C. Ward for Public Service Commission, defendant.

John H. Hughes and Basil B. Aylesworth for Delaware, Lackawanna & Western Railroad Company, defendant.

Stewart F. Hancock and Morris Berman for Wilson & Greene Lumber Co., Inc., defendant.

Benjamin Gingold and Bert E. Bernstein for B. & R. Iron & Metal Co., Inc., defendant.

P. Sidney Hand for Dold Packing Corporation, defendant.

Truman H. Preston for County of Onondaga, defendant.

ERNEST I. EDGCOMB, Official Referee.

This is an action for a declaratory judgment. The controversy between the parties grows out of proceedings which have been instituted for the elimination of certain railroad crossings at grade within the city of Syracuse, and relates to the right of the tenants and fee owner of certain lands, which the Public Service Commission has found necessary for the completion of said...

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