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SPOOL STOCKYARDS CO. v. CHICAGO, ROCK ISLAND & PAC. R. CO.

No. 20848.

353 F.2d 263 (1965)

SPOOL STOCKYARDS COMPANY, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 10, 1965.

Attorney(s) appearing for the Case

A. J. Folley, Amarillo, Tex., Folley, Snodgrass, Calhoun & Kolius, Amarillo, Tex., of counsel, for appellant.

R. A. Wilson, Amarillo, Tex., Joe E. Gracey, Fort Worth, Tex., Thompson, Walker, Smith & Shannon, Fort Worth, Tex., and Underwood, Wilson, Sutton, Heare & Berry, Amarillo, Tex., of counsel, for appellee.

Before HUTCHESON and BROWN, Circuit Judges, and CHRISTENBERRY, District Judge.

CHRISTENBERRY, District Judge:

This is an appeal from a judgment of the District Court recognizing the validity of appellee's title to an easement on certain property and enjoining appellant from interfering with or obstructing appellee's use and possession thereof.

The land involved is a 200-foot strip across Section 124, Block 2, Potter County, Texas, as shown on a survey of Adams, Beaty and Moulton. Until 1958...

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