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FITZGERALD v. CITY OF ARDMORE, OKLAHOMA

Nos. 6285, 6301.

281 F.2d 717 (1960)

E. G. FITZGERALD, Appellant, v. CITY OF ARDMORE, OKLAHOMA, a municipal corporation, Appellee. Willie Mae LANE, Appellant, v. CITY OF ARDMORE, OKLAHOMA, a municipal corporation, Appellee.

United States Court of Appeals Tenth Circuit.

June 21, 1960.

Attorney(s) appearing for the Case

W. J. Williams, Ardmore, Okl. (J. E. Williams and E. H. Williams, Ardmore, Okl., on the brief), for appellant, E. G. Fitzgerald.

Woodrow George, Ardmore, Okl. (George & George, Ardmore, Okl., on the brief), for appellant, Willie Mae Lane.

Andrew B. Riddle, Jr., Ardmore, Okl., for appellee, City of Ardmore, Okl.

Before PICKETT and BREITENSTEIN, Circuit Judges, and SAVAGE, United States District Judge.

SAVAGE, District Judge.

These are consolidated appeals from a judgment of the United States District Court for the Eastern District of Oklahoma. They present the common question of whether the title to a portion of an abandoned railway right of way in the City of Ardmore is vested in the municipality or in the owners of abutting lots. If the abandonment did not occur until cessation of use of the right of way by the railroad in 1948, title at that time was

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