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MARSHALL v. CHICAGO AND NORTHWESTERN TRANSP. CO.

No. 93-8020.

31 F.3d 1028 (1994)

Gary R. MARSHALL, Leonard E. Chamberlain, Jr., and Roxy R. Chamberlain, Plaintiffs-Appellees, v. CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, Russell G. Forgey, J. Kent Kinniburgh, James H. Lyle, Forgey Ranch Company and Casper Creek Development, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 5, 1994.

Attorney(s) appearing for the Case

Loyd E. Smith of Lathrop & Rutledge, P.C., Cheyenne, WY, for plaintiffs-appellees.

B.J. Baker (C. John Cotton with him on the brief) of Brown & Drew, Casper, WY, for defendants-appellants.

Before ANDERSON, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and SHADUR, Senior District Judge.

McWILLIAMS, Senior Circuit Judge.

This case concerns the present ownership of the land underlying an abandoned railroad right of way situated in Natrona County, Wyoming. The district court granted summary judgment in favor of the present owner of the so-called servient estate, and the railroad company and its assignees appeal.

This controversy has its genesis in 1905 when the United States, under the General Railroad Right of Way Act of 1875, granted the Wyoming...

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