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MOBILE & GULF R. CO. v. CROCKER

83-344.

455 So.2d 829 (1984)

MOBILE & GULF RAILROAD COMPANY v. Melba A. CROCKER, etc., et al.

Supreme Court of Alabama.

July 20, 1984.

Attorney(s) appearing for the Case

Walter Henley and Jerry Shirley of Henley, Whitehurst & Shirley, Northport, for appellant.

Robert F. Prince of Prince & McGuire, Tuscaloosa, for appellees.

MADDOX, Justice.

The issue on this appeal is: Does a state court have subject matter jurisdiction of an abandonment of a railroad right-of-way, or is the question of abandonment pre-empted by the Interstate Commerce Act under 49 U.S.C. § 10501 et seq.

Appellant Mobile and Gulf Railroad is owned by Brown Wood Preserving Company, which purchased the railroad from J. Graham Brown Foundation, Louisville, Kentucky, in 1980. The railroad owns twelve (12) miles...

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