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RADKE v. UNION PACIFIC RAILROAD COMPANY

No. 18254.

334 P.2d 1077 (1959)

Sara Mildred RADKE and Edward F. Karr, Plaintiffs in Error, v. UNION PACIFIC RAILROAD COMPANY, Defendant in Error.

Supreme Court of Colorado, En Banc.

Dissenting Opinion February 2, 1959.

Attorney(s) appearing for the Case

Galligan & Foley, Denver, Morelock, Hoskins & King, Kansas City, Mo., Collins, Hughes, Martin & Pringle, Wichita, Kan., for plaintiffs in error.

Knowles & Shaw, Denver, Kreager & Sublett, Sterling, Sidley, Austin, Burgess & Smith, Chicago, I11., for defendant in error.

Herbert E. Mann, W. A. E. Mitchell, Greeley, amici curiae.

SUTTON, Justice.

Plaintiffs in error who were plaintiffs below will be referred to herein as plaintiffs and defendant in error Union Pacific Railroad Company will be referred to as the railroad.

Plaintiffs are the owners of the NE¼ Section 13, T. 11 N.R. 49 W, Logan County, Colorado. This land was formerly part of Weld County, Colorado. Alleging ownership in fee simple and actual possession of the land they brought suit to remove a cloud from their title...

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