MISSOURI PAC. R. CO. v. RICHIE GROCER CO.

No. 81-152.

625 S.W.2d 531 (1981)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. RICHIE GROCER COMPANY, Appellee.

Supreme Court of Arkansas.

December 21, 1981.


Attorney(s) appearing for the Case

Herschel H. Friday, Michael G. Thompson, and Elizabeth J. Robbin, Little Rock, for appellant.

Robert C. Compton, of Brown, Compton & Prewett, Ltd., El Dorado, for appellee.


HOLT, Justice.

This litigation results from appellant's action in removing its spur track and not replacing it. During the summer of 1977, appellant removed its industrial spur track without filing a petition with the Commission for discontinuance of service. The city was conducting an urban renewal project and had requested at least a temporary removal. Appellant removed the spur and decided not to replace it. The appellee owned a warehouse which had been served...

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