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ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY v. WALTER

No. 6922.

305 F.2d 90 (1962)

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a corporation, Appellant, v. Peter C. WALTER, Betty Walter Allen, Jean Walter Davisson, and Daisy E. Walter, Appellees.

United States Court of Appeals Tenth Circuit.

May 25, 1962.

Attorney(s) appearing for the Case

Grey Satterfield, Oklahoma City, Okl. (Ernest D. Grinnell, Jr., St. Louis, Mo., and Franklin, Harmon & Satterfield, Oklahoma City, Okl., were with him on the brief) for appellant.

John Ladner, Jr., Tulsa, Okl. (Ladner, Livingston & Ladner, Tulsa, Okl., were on the brief) for appellees.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue is the ownership of a tract of land included in a grant to the predecessor of the Railroad and claimed by the appellees-plaintiffs (herein referred to collectively as the Walter Group) on the grounds that the grant was an easement, that the easement has terminated, and that they, as owners of the servient estate, hold the tract free of the easement. The Railroad contends that the easement has not terminated and that, if it has...

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