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WEISER v. UNION PACIFIC R. CO.

No. 950471.

932 P.2d 596 (1997)

Glen C. WEISER, Plaintiff and Appellee, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant and Appellant.

Supreme Court of Utah.

February 14, 1997.

Attorney(s) appearing for the Case

Steven W. Call, Salt Lake City, for plaintiff and appellee.

Morris O. Haggerty, J. Clare Williams, Salt Lake City, for defendant and appellant.

HOWE, Justice:

Union Pacific Railroad Company appeals from a partial grant of summary judgment in this quiet title action holding invalid Union Pacific's claim, under the Conditional Land Grant Act of 1870, to a 400-foot-wide right-of-way centered on its tracks in Davis County, Utah, which overlaps property claimed by plaintiff Glen C. Weiser.

In 1873, Weiser's most remote predecessor in interest purportedly received...

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