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RICHARD S. BRUNT TRUST v. PLANTZ

No. 3-583A132.

458 N.E.2d 251 (1983)

RICHARD S. BRUNT TRUST, Appellant (Plaintiff below), v. Fred R. PLANTZ et al., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

December 27, 1983.

Attorney(s) appearing for the Case

John D. Wagoner, Wagoner & Cochran, Marion, for appellant.

Richard A. Brown, Brown & Brown, Rochester, for appellees.

STATON, Judge.

In the late 1800's, the Terre Haute and Logansport Railroad (railroad) acquired for railroad purposes a right-of-way over five parcels of land. It maintained commercial railroading operations over this right-of-way until conveyance of the right-of-way to Penn Central Corporation (Penn Central). Shortly thereafter, Penn Central abandoned all railroading operations over the right-of-way and conveyed it to the Richard S. Brunt Trust (Brunt). To protect...

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