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GREENUP COUNTY v. CHESAPEAKE & O. RY. CO.

No. 106.

71 F.Supp. 652 (1947)

GREENUP COUNTY v. CHESAPEAKE & O. RY. CO.

District Court, E. D. Kentucky, Catlettsburg.

May 16, 1947.

Attorney(s) appearing for the Case

J. R. Sowards, of Greenup, Ky., John W. McKenzie, of Ashland, Ky., and Thomas E. Nickell, of Greenup, Ky., for plaintiff.

LeWright Browning, of Ashland, Ky., for defendant.

SWINFORD, District Judge.

This case is here on removal from the County Court of Greenup County, Kentucky. It is a proceeding brought by Greenup County to condemn a right of way for a county road over the property and tracks of the defendant, the Chesapeake and Ohio Railway Company. The petition is in the usual form of such condemnation proceedings and is brought pursuant to Section 178.115 and related sections of Kentucky Revised Statutes. The defendant has filed...

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