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CHICAGO, R. I. & P. R. CO. v. STUDE.

No. 209.

346 U.S. 574 (1954)

74 S.Ct. 290

98 L.Ed. 317

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. v. STUDE ET AL.

Supreme Court of United States.

Decided January 18, 1954.

Attorney(s) appearing for the Case

Alden B. Howland and B. A. Webster, Jr. argued the cause for petitioner. Mr. Howland also filed a brief for petitioner.

Raymond A. Smith and Harold W. Kauffman argued the cause for respondents. With them on the brief were Daniel J. Gross, Philip J. Willson and John M. Peters.

MR. JUSTICE MINTON delivered the opinion of the Court.

The petitioner, a Delaware corporation, owns and operates its railroad through Pottawattamie County, Iowa. It was authorized by the Interstate Commerce Commission to improve its line of railway in that county and by the Iowa State Commerce Commission to acquire by condemnation any land necessary for the improvement.

On January 18, 1952, pursuant to the Iowa Code,1 the petitioner...

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