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MISSOURI PACIFIC R. CO. v. CITY OF NEW ORLEANS

No. 94-30074.

46 F.3d 487 (1995)

MISSOURI PACIFIC RAILROAD CO., et al., Plaintiffs, River City Joint Venture, (Substituted as appellant in place of New Orleans 2000 pursuant to FRAP 43), Plaintiff-Appellant, and New Orleans 2000 Partnership, Cross-Appellee, v. CITY OF NEW ORLEANS, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 29, 1995.

Attorney(s) appearing for the Case

Charles L. Stern, Robert M. Steeg, Steeg & O'Connor, New Orleans, LA, for appellant.

Michael E. Botnick, Kimberly A. Theriot, City Atty's Office, New Orleans, LA, for appellee.

Before WISDOM, KING and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

A railway company succeeded by Missouri Pacific Railroad ("MoPac") constructed buildings and railroad tracks on a tract of land in the City of New Orleans including certain strips of land which were formerly streets. After ceasing railroad operations, MoPac agreed to sell the tract to New Orleans 2000 Partnership ("NO 2000"). The City of New Orleans then asserted a claim declaring itself to be the owner of the former streets within the tract...

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