St. Louis Southwestern Ry. Co. v. Commissioners of Road Improvement Dist. No. 2
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Arkansas; Frank A. Youmans, Judge. The proceeding by the Commissioners of Road Improvement District No. 2 of Lafayette County, Ark., for the confirmation of an assessment of benefits for road improvements assessed against the St. Louis Southwestern Railway Company, was removed to the federal court, and motion to remand denied.
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In Error to the District Court of the United States for the Western District of Arkansas; Frank A. Youmans, Judge. The proceeding by the Commissioners of Road Improvement District No. 2 of Lafayette County, Ark., for the confirmation of an assessment of benefits for road improvements assessed against the St. Louis Southwestern Railway Company, was removed to the federal court, and motion to remand denied. From a judgment against the railroad company for a sum less than that assessed by the commissioners, both parties bring error.
1Opinion of the Court
GARLAND, Circuit Judge.
This is a suit brought by the commissioners of road improvement district No. 2 of Lafayette county, Ark., hereafter called plaintiffs, against the St. Louis Southwestern Railway Company, hereafter called defendant, to recover the sum of $49,765.-80, being the amount assessed as benefits by the board of assessors of said district against the real estate, buildings, and roadbed of defendant, situated therein. The proceeding out of which this suit originated was commenced by the organization of the district under what is known as the “Alexander Road Law” of Arkansas. After…
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