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  5. 638 P.2d 459 (1981)
 

ENERGY TRANSP. SYS. v. KANSAS CITY SOUTHERN RAILWAY

Nos. 52680, 52681.

638 P.2d 459 (1981)

ENERGY TRANSPORTATION SYSTEMS, INC., Appellee, v. KANSAS CITY SOUTHERN RAILWAY CO., and Fort Smith and Van Buren Railway Company, a corporation, Appellants. ENERGY TRANSPORTATION SYSTEMS, INC., Appellee, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation, Appellant.

Supreme Court of Oklahoma.

December 22, 1981.

Attorney(s) appearing for the Case

Looney, Nichols, Johnson & Hayes by Kenneth Coe and Burton J. Johnson, Oklahoma City, for appellants.

Stipe, Gossett, Stipe & Harper, McAlester, Rhodes, Hieronymus, Holloway & Wilson by John H. Tucker and L.J. Fulton, Tulsa, for appellee.

LAVENDER, Justice:

This is an action for declaratory judgment determining the right of the owner of a right-of-way easement in lands lying beneath a railroad right-of-way to cross under the railroad right-of-way in constructing and maintaining a coal slurry pipeline within the confines of the right-of-way beneath the railroad right-of-way, and to quiet title in said coal slurry pipeline right-of-way as against the railroad...

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