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OREGON SHORTLINE RAILROAD CO. v. CITY OF CHUBBUCK

No. 10487.

474 P.2d 244 (1970)

93 Idaho 815

OREGON SHORTLINE RAILROAD COMPANY, a corporation, and Union Pacific Railroad Company, a corporation, Plaintiffs-Respondents, v. CITY OF CHUBBUCK, a municipal corporation, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied October 1, 1970.

Attorney(s) appearing for the Case

Herman McDevitt and Warren S. Derbidge, Pocatello, for defendant-appellant.

D.A. Bybee, Pocatello, for plaintiffs-respondents.

Howard I. Manweiler, Boise, amicus curiae.

SHEPARD, Justice.

The Union Pacific Railroad Company operates railroad trains over right of way owned by the Oregon Shortline Railroad Company. That portion of the right of way involved herein runs for approximately one mile through territory comprising the city limits of Chubbuck, Idaho. In addition, the Oregon Shortline also owns a parcel of land 50 feet wide and 435 feet long immediately adjacent to the railroad right...

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