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CHICAGO, R. I. & P. R. CO. v. CITY OF IOWA CITY

No. 63033.

288 N.W.2d 536 (1980)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellee-Cross-Appellant, v. CITY OF IOWA CITY, and all unknown claimants and all persons unknown claiming any right, title or interest in and to the following described real property situated in the County of Johnson, State of Iowa, to-wit the East 160 feet of a parcel of land known as South Market Square in the City of Iowa City, Iowa, Appellant-Cross-Appellee.

Supreme Court of Iowa.

February 20, 1980.

Attorney(s) appearing for the Case

Robert H. Bowlin, Iowa City, for appellant-cross-appellee.

James D. Polson and William W. Graham, of Gamble, Riepe, Burt, Webster & Davis, Des Moines, for appellee-cross-appellant.

Considered by REYNOLDSON, C. J., and HARRIS, ALLBEE, McGIVERIN and LARSON, JJ.

HARRIS, Justice.

This dispute between the plaintiff railroad and defendant city is over ownership of land in Iowa City. The question is whether the railroad or the city owns the east half of South Market Square and an easement over a part of the west half of South Market Square. South Market Square is a block located within the city. We adopt as our own the following from the findings of fact of the trial court:

This lawsuit has its origins a century ago when...

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