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BUCK v. DISTRICT COURT FOR COUNTY OF KIOWA

No. 79SA428.

608 P.2d 350 (1980)

Clyde E. BUCK and Elsie Buck, Trustees of Clyde E. Buck Trust, Ethel M. Hightower, Ernestine Hightower Sanders, Geraldine Hightower Dunlap, Barbara Anne Lewis and Jane Lawrence Eberhardt, as Co-Trustees of the Bertha Lee Pyles Trust, Barbara Anne Lewis, Jane Lawrence Eberhardt, Merwin Dunlap, Geraldine Dunlap, V. Kelly Lindholm, Eunice B. Lindholm, and The Lindholm Family Farm and Ranch, LTD., a Corporation, Petitioners, v. DISTRICT COURT FOR the COUNTY OF KIOWA and State of Colorado and the Honorable Robert Sanderson, one of the Judges thereof, and Missouri Pacific Railroad Company, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 14, 1980.

Attorney(s) appearing for the Case

Johnson, McLachlan & DiCola, Anthony J. DiCola, Lamar, for petitioners.

Preston, Altman & Parlapiano, Leo S. Altman, Pueblo, for respondents.

ROVIRA, Justice.

This case is an original proceeding brought under C.A.R. 21. The petitioners are the owners of lands adjacent to the main tracks of the respondent Missouri Pacific Railroad Company (railroad). They seek a writ directing the respondent district court to dismiss a condemnation action brought by the railroad with respect to their lands. We issued a rule to show cause and now discharge the rule.

The railroad...

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