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MONTGOMERY v. ATCHISON, T. & S. F. RY. CO.

No. 1473.

89 F.2d 94 (1937)

MONTGOMERY et al. v. ATCHISON, T. & S. F. RY. CO.

Circuit Court of Appeals, Tenth Circuit.

March 26, 1937.

Attorney(s) appearing for the Case

Suits & Jeffrey, of Oklahoma City, Okl., and Gordon Stater, of Los Angeles, Cal., for appellants.

Robert M. Rainey, Streeter B. Flynn, and Geo. M. Green, all of Oklahoma City, Okl., for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and JOHNSON, District Judge.

BRATTON, Circuit Judge.

This is an action to recover damages from the Atchison, Topeka & Santa Fé Railway Company for the asserted wrongful discontinuance and removal of a switch or industrial track, and for the alleged wrongful obstruction of a roadway over and across the right of way of the company.

These facts were set forth in the amended petition with its attached exhibits: Plaintiffs own lots 25 and 26 in block 7 in Oklahoma City. The city passed...

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