City of Des Moines, Iowa, Capital City State Bank, Des Moines, Iowa, and Iowa State Bank, Des Moines, Iowa v. Chicago & North Western Railway Company

JOHNSEN, Circuit Judge.

In a diversity suit, removed from state court, the City of Des Moines, Iowa, sought a writ of injunction against the Chicago and North Western Railway Company, to prevent the Railway from further using East Fourth Street in the City as part of its right of way, and to compel it to remove its tracks and roadbed therefrom. A number of interveners joined in the City’s request for relief.

The Railway is an interstate carrier, subject to the provisions of the Interstate Commerce Act, Title 49 U.S.C.A. Chapter 1. One set of the tracks involved was part of the Railway’s main…