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NORTHERN PACIFIC RAILWAY COMPANY v. CITY OF DULUTH

No. 36,391.

243 Minn. 84 (1954)

NORTHERN PACIFIC RAILWAY COMPANY v. CITY OF DULUTH.

Supreme Court of Minnesota.

October 22, 1954.

Attorney(s) appearing for the Case

Harry E. Weinberg and Dale MacIver, for appellant.

M.L. Countryman, Jr., and H.B. Krengel, for respondent.

Orville C. Peterson, for League of Minnesota Municipalities, amicus curiae.

Charles A. Sawyer and D.J. Shama, for City of Minneapolis, amicus curiae.

FRANK T. GALLAGHER, JUSTICE.

Appeal from a judgment of the district court affirming an order of the state railroad and warehouse commission.

On August 18, 1950, the Northern Pacific Railway Company petitioned the railroad and warehouse commission for an order requiring the city of Duluth to contribute toward the cost of reconstructing, maintaining, and repairing the Lake avenue viaduct located in that city. A hearing was held before the commission at Duluth...

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