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FALLS CITY v. MISSOURI PACIFIC RAILROAD COMPANY

No. 71-1419.

453 F.2d 771 (1971)

FALLS CITY, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

As Amended on Denial of Rehearing and Rehearing January 26, 1972.

Attorney(s) appearing for the Case

Edmund D. McEachen, Omaha, Neb., for appellant.

J. A. C. Kennedy, Jr., Omaha, Neb., for appellee.

Before MATTHES and LAY, Circuit Judges, and HUNTER, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc January 26, 1972.

ELMO B. HUNTER, District Judge.

This is an appeal from an order of the district court granting summary judgment in favor of the appellee, Missouri Pacific Railroad Company (Railroad), and against the appellant, the City of Falls City, Nebraska (City), thereby quieting title to a certain 33-acre tract of land, which is located outside the City, in the appellee. Jurisdiction is based upon...

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