TRUSTEE CORP. v. ALLEN

No. 8886.

359 So.2d 715 (1978)

TRUSTEE CORPORATION and Illinois Central Gulf Railroad v. William P. ALLEN, Sr. and Keller Construction Corp.

Court of Appeal of Louisiana, Fourth Circuit.

May 10, 1978.


Attorney(s) appearing for the Case

Lemle, Kelleher, Kohlmeyer & Matthews, Julian H. Good, Alan H. Goodman and Ira J. Middleberg, New Orleans, for plaintiffs-appellants.

Clayton J. Borne, III, Metairie, for defendant-appellee.

Before LEMMON, SCHOTT and BEER, JJ.


BEER, Judge.

Trustee Corporation and Illinois Central Gulf Railroad (hereafter, "I. C.") seek to enjoin William P. Allen, Sr. from preventing their use of spur tracks which cross Allen's property.

In 1948, Keller Construction Corporation, then owner of all the property here involved, permitted I. C. to construct a spur track. Though appellants contend this agreement was recorded, we find no indication of that in the record before us.

In 1953, Keller...

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