Village of Walthill v. Iowa Electric Light & Power Co.

DONOHOE, Chief Judge.

Plaintiff, the Village of Wait-hill, a Nebraska corporation, instituted this action before a condemnation court appointed pursuant to Sections 19-701 to 19-707, R.R.S., Nebr.1943, to condemn a gas distribution system located in Wait-hill, Nebraska. The defendant, Iowa Electric Light and Power Company, an Iowa corporation, owner of the gas system removed the action to this court. Plaintiff’s motion to remand on the ground that the cause, in its then posture, had not reached the maturity of a “civil action” within the meaning of Section 1441, Title 28 U.S.C. (1952 Ed.), was…