HAACK v. BURLINGTON NORTHERN, INC.

Nos. 2-65095, 2-65171.

309 N.W.2d 147 (1981)

Oscar E. HAACK and Marjorie Rose Haack, Husband and Wife, Plaintiffs-Appellants, v. BURLINGTON NORTHERN, INC., A Corporation, Defendant-Appellee. Kelly Seymour HENDRIX, Doyle H. Pilling and Marilyn J. Pilling, Husband and Wife, Plaintiffs-Appellants, v. BURLINGTON NORTHERN, INC., A Corporation, Defendant-Appellee.

Court of Appeals of Iowa.

June 30, 1981.


Attorney(s) appearing for the Case

Gene Eaton, of Eaton, Eaton & Longinaker, Sidney, for plaintiffs-appellants.

LeRoy Sievers, of Peterson, Bowman & Johanns, Lincoln, Neb., for defendant-appellee.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER, and JOHNSON, JJ.


PER CURIAM.

Plaintiffs appeal from trial court's order granting defendant's motion for summary judgment in separate actions seeking declaratory relief and damages regarding defendant's interest in abandoned railroad right of way property. Plaintiffs argue that they are entitled to a declaratory judgment that defendant had only an easement to the right of way abutting their property which terminated upon abandonment and that summary judgment was inappropriate since...

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