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N.Y., CHI. ETC. R. CO. v. LIN. NATL. LIFE INS. CO.

No. 18,835.

127 Ind. App. 608 (1957)

142 N.E.2d 437

THE NEW YORK, CHICAGO AND ST. LOUIS RAILROAD COMPANY v. THE LINCOLN NATIONAL LIFE INSURANCE COMPANY ET AL.

Court of Appeals of Indiana.

Rehearing denied June 25, 1957.

Transfer denied September 25, 1957.

Attorney(s) appearing for the Case

Clay Marsteller, E.M. Smith (of counsel), of Cleveland, Ohio, Campbell, Livingston, Teeple, Dildine, Heaton & Haynie, of Fort Wayne, Spencer & Spencer, of Huntington, and Harker & Irwin, of Frankfort, for appellant.

Shoaff, Keegan & Baird, of Fort Wayne, Bowers, Feightner & Palmer, of Huntington, and Paul J. Sauerteig (of counsel), of Fort Wayne, for appellees.

PFAFF, J.

This appeal challenges the validity of a decree of the Huntington Circuit Court whereby the appellant is "perpetually enjoined and restrained from maintaining any and all barricades across the southern boundary of Hanover Street crossing of said defendant railroad in the city of Fort Wayne, Indiana, and from obstructing and interfering with the rights of plaintiffs herein (appellees) and the general public to pass and repass along said Hanover Street over...

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