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BYKER v. RICE

No. 83-833.

360 N.W.2d 572 (1984)

Gerrit BYKER, Tracy Byker, and Wilbur H. Huenink and Henrietta Huenink, Plaintiffs-Appellees, v. Robert L. RICE and Audrey J. Rice, Defendants-Appellants.

Court of Appeals of Iowa.

October 23, 1984.

Attorney(s) appearing for the Case

Harold O. Postma, Orange City, Iowa, for defendants-appellants.

Richard L. Smith, Hawarden, Iowa, for plaintiffs-appellees.

Heard by DONIELSON, P.J., and SCHLEGEL and HAYDEN, JJ.

SCHLEGEL, Judge.

Defendants appeal from the trial court's entry of summary judgment in favor of plaintiffs in this action to quiet title to an abandoned railroad right of way. Defendants claim that genuine issues of material fact existed regarding the ownership of adjoining land at the time of abandonment of the right of way, and regarding defendants' claim of estoppel.

I. Summary Judgment—Propriety. Rule 237(c) of the Iowa Rules of Civil Procedure...

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