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KUNZMAN v. UNION PACIFIC RAILROAD COMPANY

No. 22460.

456 P.2d 743 (1969)

John A. KUNZMAN, William C. Kunzman, Ruth Kunzmann, Individually and as Executrix of the Estate of Charles Kunzmann, deceased, Plaintiffs in Error, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied August 5, 1969.

Attorney(s) appearing for the Case

Marilyn Traub Meadoff, Edward L. Kirkwood, Harold L. Meadoff, Denver, for plaintiffs in error.

E. G. Knowles, Clayton D. Knowles, Denver, Robert G. Smith, Greeley, F. J. Melia, J. H. Anderson, Omaha, Neb., for defendant in error.

MOORE, Justice.*

Plaintiffs in error will be referred to as the Kunzmans and defendant in error will be referred to as Union Pacific.

The action was commenced by the Kunzmans who alleged in their complaint that they were the owners of eighty acres of land in Weld county which was subject to a 400 foot right-of-way claimed by Union Pacific for railroad purposes. They alleged that from 1902 until 1957 the westerly 150 feet of the...

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