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RITZ v. INDIANA AND OHIO R.R., INC.

No. 24A01-9307-CV-218.

632 N.E.2d 769 (1994)

Ronald W. RITZ, Appellant-Defendant, v. INDIANA AND OHIO Railroad, INC., Psi Energy, and Cincinnati Bell Telephone Company, Appellees — (Third Party Defendants), v. Board of County Commissioners of Franklin County, Indiana, Plaintiff.

Court of Appeals of Indiana, First District.

Rehearing Denied June 14, 1994.

Attorney(s) appearing for the Case

Robert J. Delaney, Richmond, for appellant.

Lowell C. McMillin, Brookville, Michael A. Douglass, Liberty, John B. Scheidler, Plainfield, Edwin R. Acheson, Jr., Cincinnati, for appellees.

ROBERTSON, Judge.

Ronald W. Ritz appeals the entry of summary judgments in favor of the defendants on his third-party complaint to quiet title against the railroad to a ninety-five foot long section of land situated between tracts of real estate owned by Ritz and for trespass and takings by the public utilities. The railroad did not seek by cross-claim to have its title quieted. We affirm in part and reverse in part.

In September, 1990, the Board of County...

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