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MISSOURI-KANSAS-TEXAS R. CO. v. EARLY

No. 79-1070.

641 F.2d 856 (1981)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a corporation, Plaintiff-Appellee, v. Harmon A. EARLY, Betty Early, Nancy Early, Gail Early, A. Henton, J. N. Allen, Jr., Rena Mai Allen, Bessie Shirley Lemons, Guy A. Deem, Betty Lee Deem, William H. Haworth, Jr., Garlene Vandever Haworth, John A. Haworth, Jane Haworth, Rosa Bean, individually and as Administratrix of the Estate of Gertrude Jones, deceased, A. Camp Bonds, Earl Youree, Beulah Cornine Yochum, Eugene Clough, Oscar Jones, Madeline Jones, and First National Bank and Trust Company of Tulsa, Oklahoma, a national banking association, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided February 20, 1981.

Attorney(s) appearing for the Case

A. Carl Robinson of Robinson, Locke & Gage, Muskogee, Okl., for defendants-appellants.

William C. Anderson of Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, Okl. (Dallas E. Ferguson, Tulsa, Okl., of the firm, and Joe C. Crawford, General Sol., Dallas, Tex., on the brief), for plaintiff-appellee.

Before McWILLIAMS and BARRETT, Circuit Judges, and BOHANON, District Judge.

BOHANON, District Judge.

During construction of the Arkansas-Verdigris River Navigation System in eastern Oklahoma in the late 1960's, the United States Corps of Engineers found it necessary to raise numerous bridges crossing the navigation channel. In order to limit the number of bridges to be constructed, the M-K-T Railroad and the Kansas, Oklahoma, and Gulf Railway agreed to relocate and consolidate their approaches to the channel, so as to necessitate the construction...

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