PENN CENT. CORP. v. U.S. R.R. VEST CORP.

No. 91-2608.

955 F.2d 1158 (1992)

PENN CENTRAL CORPORATION, Plaintiff-Appellant, v. U.S. RAILROAD VEST CORPORATION; Beverly D. Crone, Auditor of St. Joseph County; et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 1992.

Rehearing and Rehearing Denied March 3, 1992.


Attorney(s) appearing for the Case

Robert J. Palmer, May, Oberfell & Lorber, South Bend, Ind., Matthew J. Siembieda (argued), Alexander D. Bono, Randi S. Hoffman, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., Robert J. Siverd, George F. Carr, Penn Central Corp., Cincinnati, Ohio, for plaintiff-appellant.

John C. Hamilton (argued), Doran, Blackmond, Ready, Hamilton & Williams, Mitchell R. Heppenheimer, South Bend, Ind., for defendants-appellees.

Before POSNER and MANION, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied March 3, 1992.

POSNER, Circuit Judge.

Suppose that Indiana passed a law which said that if you file an affidavit that your neighbor's property has been abandoned and really belongs to you, then after six months the property really will be yours — period — just by virtue of your filing the affidavit. There would be no doubt that the law violated the due process clause of the Fourteenth Amendment. A...

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