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  5. 591 S.W.2d 404 (1979)
 

COOP. ASS'N NO. 37 v. ST.LOUIS-SAN FRAN. RY. CO.

No. 10515.

591 S.W.2d 404 (1979)

COOPERATIVE ASSOCIATION NO. 37, Plaintiff-Respondent, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Defendant-Appellant, and Centropolis Transfer Company, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied December 28, 1979.

Application to Transfer Denied January 15, 1980.

Attorney(s) appearing for the Case

Gerald D. Morris, Donald E. Engle, St. Louis, C. Wallace Walter, Springfield, for defendant-appellant.

Raymond E. Whiteaker, Woolsey, Fisher, Clark, Whiteaker & Stenger, Meredith B. Turner, Springfield, Donald L. Shughart, Timothy J. Verhagen, Kansas City, for plaintiff-respondent.

PER CURIAM.

On November 17, 1973, St. Louis-San Francisco Railway Company (Frisco) had three parallel sets of railroad tracks running east and west through Fordland, Missouri. The tracks intersect north-south Center Street at grade. The team track, used for unloading, is southernmost, the passing track is in the middle and the mainline track is northernmost. Plaintiff, per lease agreement with Frisco, maintained a warehouse located on Frisco's right-of-way just south...

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