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CSX TRANSP., INC. v. CLARK

No. 29A04-9408-CV-342.

646 N.E.2d 1003 (1995)

CSX TRANSPORTATION, Inc., Appellant-Defendant, v. George W. CLARK, Hamilton County Farm Bureau Cooperative Association, Inc., Britton Farms, Inc., and All Others Similarly Situated, Appellees-Plaintiffs.

Court of Appeals of Indiana, First District.

February 24, 1995.

Attorney(s) appearing for the Case

Christopher G. Scanlon, Mark A. Voigtmann, Baker & Daniels, Indianapolis, Michael A. Howard, Noblesville, for appellant.

Henry J. Price, Price & Barker, Indianapolis, Nels J. Ackerson, Ackerson & Bishop, Washington, DC, John D. Proffitt, Campbell, Kyle & Proffitt, Carmel, for appellees.

David C. Ford, Indianapolis, for amicus curiae.

ROBERTSON, Judge.

CSX Transportation, Inc. brings this interlocutory appeal challenging the trial court's conditional class certification in this class action lawsuit brought by persons who own land next to, or over which, CSX had a right-of-way (easement) it had abandoned. The class seeks 1) to have the titles to the abandoned right-of-ways quieted in their favor, and 2) to recover damages from CSX for slander of title. CSX raises five issues, none of which constitute...

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