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CHICAGO & NORTH WESTERN RY. CO. v. CITY OF OSAGE

No. 53697.

176 N.W.2d 788 (1970)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY et al., Appellants, v. CITY OF OSAGE et al., Appellees.

Supreme Court of Iowa.

May 5, 1970.

Attorney(s) appearing for the Case

Dunkelberg & McKinley, Osage, and Davis, Huebner, Johnson & Burt, Des Moines, for appellants.

Conway & Casey, Osage, for appellees.

MASON, Judge.

This is an equitable action to quiet title to certain real estate in and adjoining Osage which had constituted depot and division grounds for the Winona and South Western Railway Company and its successors in interest from 1891 to 1967 when it ceased to be used for railroad purposes. It presents the issue for our de novo review whether plaintiff or defendant owns the real estate.

In December 1967 the Chicago and Great Western Railway Company...

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