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CITY OF OWATONNA v. CHICAGO, ROCK ISLAND & PAC. R.R. CO.

No. 1-69 Civ. 53.

298 F.Supp. 919 (1969)

CITY OF OWATONNA, Plaintiff-Respondent, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Defendant-Appellant.

United States District Court D. Minnesota, First Division.

April 23, 1969.

Attorney(s) appearing for the Case

George E. Dow, Jr., Owatonna, Minn., and Best, Flanagan, Lewis, Simonet & Bellows, by Harold C. Evarts, Minneapolis, Minn., for plaintiff-respondent.

Stringer, Donnelly & Sharood, by A. James Dickinson, St. Paul, Minn., for defendant-appellant.

NEVILLE, District Judge.

Presently before the court is a motion by the City of Owatonna to remand the above-entitled action to the District Court of the State of Minnesota, Steele County from whence it was removed.

It appears that the City of Owatonna, Minnesota, through its City Council and pursuant to Minn.Stat. ch. 429 ordered certain public improvements to be constructed, consisting generally of grading and paving a city public street along lands owned...

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