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MILLER v. ST. LOUIS, SOUTHWESTERN RY. CO.

No. 58,332

239 Kan. 198 (1986)

718 P.2d 610

EUGENE L. MILLER, SR., Appellant, v. THE ST. LOUIS, SOUTHWESTERN RAILWAY COMPANY, et al., Appellees.

Supreme Court of Kansas.

Opinion filed May 2, 1986.

Attorney(s) appearing for the Case

Eldon L. Meigs, of Pratt, argued the cause and was on the brief for appellant.

Gregory A. Lee, of Marshall, Davis, Bennett & Hendrix, of Topeka, argued the cause and was on the brief for appellee St. Louis, Southwestern Railway Company.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action by Eugene L. Miller, Sr., to quiet title of land within the operating right-of-way of defendant St. Louis, Southwestern Railway Company. The trial court entered judgment in favor of the defendant railroad and plaintiff appeals therefrom.

In 1906 the Chicago, Rock Island and Pacific Railroad Company acquired an operating right-of-way by condemnation to a portion of Blocks 45...

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