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MADISON COUNTY BD. OF EDUC. v. ILLINOIS CENT. R.R.

No. 90-1026.

939 F.2d 292 (1991)

MADISON COUNTY BOARD OF EDUCATION, and Dick Molpus, Secretary of State, State of Mississippi, Plaintiffs-Appellants, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 25, 1991.

Attorney(s) appearing for the Case

Danny L. Crotwell, Jerry R. Wallace, Montgomery, Smith-Vaniz & McGraw, Canton, Miss., for Madison.

Mike Moore, Atty. Gen., Larry E. Clark, Special Asst. Atty. Gen., Leslie Scott, Asst. Atty. Gen., Jackson, Miss., for Molpus.

Joseph P. Wise, Robert P. Wise, Wise, Carter, Child & Caraway, Jackson, Miss., for Illinois Cent. R. Co.

Before WISDOM, GARWOOD and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This case arises from a title dispute concerning a railroad right-of-way over Sixteenth Section school lands in Madison County, Mississippi. For more than one hundred years, appellee, Illinois Central Railroad Company, and its predecessor railroad, the Yazoo & Mississippi Valley Railroad Company ("Y & MVRR"), have occupied and maintained a right-of-way and railroad track crossing the Sixteenth Section of Township 8 North, Range...

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