Dohany v. Rogers

This is an appeal under § 266 of the Judicial Code from a decree of a district court of three judges, for the Eastern District of Michigan, dismissing appellant’s complaint. The suit was brought to enjoin the State Highway Commissioner and others from acquiring a right of way for railway use, across land of the appellant, and from prosecuting a proceeding in the state courts for the acquisition of the right of way, by condemnation, on the ground .that the state statutes under which the proceeding was had infringed the state constitution and the Fourteenth Amendment of the Federal Constitution.