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WALLACE v. SWAFFORD

No. 6134.

273 F.2d 602 (1959)

Beulah WALLACE, administratrix of the estate of J. H. Wallace, deceased, and Effie Wallace, d/b/a Wilburton Lumber Company, Appellants, v. Alex SWAFFORD, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 22, 1960.

Attorney(s) appearing for the Case

W. F. Kyle, Tulsa, Okl., for appellants.

Neal E. McNeill, Jr., Tulsa, Okl., for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

This is a quiet title action involving lands once held by the Missouri, Kansas and Texas Railway Company and since abandoned by the railroad. We have earlier considered one phase of the controversy, City of Wilburton, Oklahoma, v. Swafford, 10 Cir., 253 F.2d 479, determining, after review of the applicable statutes, that abandonment of the railroad easement did not vest title in the City of Wilburton. The instant...

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