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IRWIN v. SMITH

No. 47063.

536 P.2d 415 (1975)

Richard IRWIN, Appellant, v. Carland E. SMITH and Viersen Land & Royalty Co., a corporation, Appellees.

Court of Appeals of Oklahoma, Division No. 1.

Rehearing Denied April 1, 1975.

Certiorari Denied May 13, 1975.

Released for Publication May 15, 1975.

Attorney(s) appearing for the Case

Erwin & Butts, Chandler, for appellant.

Boatman & Laub, Okmulgee, for appellees.

Released for Publication by Order of Court of Appeals May 15, 1975.

BOX, Judge:

An appeal by Richard Irwin, plaintiff in the trial court, from the sustaining of a demurrer to plaintiff's evidence and denying of temporary injunction.

In the early 1900's the St. Louis and San Francisco Railroad built, as a part of its regular line, a railroad between Okmulgee, Oklahoma and Muskogee, Oklahoma. The line was built on easement or right-of-way property rather...

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