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JOHNSON v. BURLINGTON NORTHERN, INC.

No. 2-63539.

294 N.W.2d 63 (1980)

Carl S. JOHNSON, Plaintiff-Appellant, v. BURLINGTON NORTHERN, INC., Defendant-Appellee. BURLINGTON NORTHERN, INC., Plaintiff in Counterclaim-Appellee, v. Carl S. JOHNSON et al., Defendants in Counterclaim-Appellants.

Court of Appeals of Iowa.

Application for Further Review Denied by Supreme Court May 30, 1980.

Attorney(s) appearing for the Case

Robert F. Leonard of Leonard & Johnson, P.C., Sidney, for plaintiff-appellant.

Michael O. Johanns of Peterson, Bowman & Johanns, Lincoln, Neb., and Karen Cheyney, Glenwood, for defendant-appellee.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER and JOHNSON, JJ.

JOHNSON, Judge.

Plaintiff, Carl S. Johnson, appeals trial court order dismissing his petition for declaratory judgment that requested he be established owner of certain real property abandoned by defendant-railroad, Burlington Northern, Inc. He alleges trial court erred 1) in determining the original deed of conveyance granted the railroad a fee estate rather than an easement, 2) in finding section 327G.77, The Code 1977, attached a reversionary interest in the property...

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