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SHAW v. BURLINGTON NORTHERN, INC.

No. 11843.

617 S.W.2d 455 (1981)

Elmer H. SHAW, Jr., Plaintiff-Respondent, v. BURLINGTON NORTHERN, INC., a Delaware Corporation, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and for Transfer Denied April 22, 1981.

Application to Transfer Denied July 14, 1981.

Attorney(s) appearing for the Case

W. Swain Perkins, Alton, for plaintiff-respondent.

James E. Reeves, Ward & Reeves, Caruthersville, for defendant-appellant.

PREWITT, Presiding Judge.

Respondent brought an action seeking relief against the St. Louis—San Francisco Railway Company (Frisco) in two counts. On the morning of trial respondent dismissed Count I based on trespass and proceeded to trial on Count II requesting ejectment. The real estate involved is an approximately 2½ acre triangular tract where Frisco installed a communications tower known as a "microwave repeater station". During respondent's evidence...

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