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WAITE v. CITY OF ELDON

No. KCD 29227.

581 S.W.2d 69 (1979)

Norris J. WAITE and Louisa Waite, Appellants, v. CITY OF ELDON, a Municipal Corporation, and Missouri Pacific Railroad Company, a corporation, Respondents.

Missouri Court of Appeals, Western District.

April 30, 1979.

Attorney(s) appearing for the Case

Robert J. Quigley, Eldon, for appellants.

David A. Yarger, Woolsey & Yarger, Versailles, Kenneth L. Oswald, Eldon, for respondents.

Before HIGGINS, Special Judge, Presiding, PRITCHARD, J., and WELBORN, Special Judge.

ROBERT R. WELBORN, Special Judge.

Controversy over title to land upon abandonment of railroad, claimed by plaintiffs as adjacent landowners.

In 1881, a predecessor of the Missouri Pacific Railroad Company acquired a 100-foot right-of-way for the construction of a railroad over land located in the N W ¼ S W ¼ 34-42-15, Miller County, Missouri. A railroad was constructed and operated on the right-of-way. In June, 1930, Missouri Pacific acquired from...

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