UNION PACIFIC R. CO. v. ETHINGTON TRUST

No. 27177.

50 P.3d 450 (2002)

137 Idaho 435

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellant, v. ETHINGTON FAMILY TRUST, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 2002 Term.

Rehearing Denied July 15, 2002.


Attorney(s) appearing for the Case

Jim Jones & Associates, Boise, for appellant. Jim Jones argued.

Kenneth F. White, Nampa, for respondent.


SCHROEDER, Justice.

Union Pacific Railroad Company (UP) seeks to quiet title to portions of the Homedale railroad line, which extends from Marsing, Idaho, to the Oregon border, passing through property owned by the Ethington Family Trust (Ethington).

I.

FACTUAL BACKGROUND

UP contends that its predecessor in interest, Oregon Short Line Railroad Company (OSL), acquired title to a strip of property in 1911 and 1912, and that part of the strip...

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