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ATCHISON, T. & S.F. RY. CO. v. ABAR

Docket No. 25621.

275 Cal.App.2d 456 (1969)

79 Cal. Rptr. 807

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff, Cross-defendant and Respondent, v. CHARLES ABAR et al., Defendants, Cross-complainants and Appellants.

Court of Appeals of California, First District, Division Four.

August 6, 1969.

Attorney(s) appearing for the Case

Charles Abar, in pro. per., for Defendants, Cross-complainants and Appellants.

John J. Balluff, Robert B. Curtiss, John J. Schimmenti, Roderick D. Hayes and Carlson, Collins & Bold for Plaintiff, Cross-defendant and Respondent.

Randolph Karr as Amicus Curiae on behalf of Plaintiff, Cross-defendant and Respondent.

RATTIGAN, Acting P.J.

Respondent railroad brought this action to quiet title, and for injunctive relief, relative to a portion of its trackage right of way. Defendants appeal from a judgment in favor of the railroad and against them on their cross-complaint.

According to the evidence: At Gately, in an unincorporated area of Contra Costa County, the railroad's main line track runs in a northeasterly direction between the cities of Richmond and Pinole. Immediately...

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