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FAULKENBERRY v. NORFOLK SOUTHERN RY. CO.

No. 25454.

349 S.C. 318 (2002)

563 S.E.2d 644

J. Larry FAULKENBERRY, Respondent, v. NORFOLK SOUTHERN RAILWAY COMPANY, Appellant.

Supreme Court of South Carolina.

Decided April 29, 2002.

Rehearing Denied May 29, 2002.

Attorney(s) appearing for the Case

Robert L. Widener, Robert W. Dibble, Jr., and Robert A. Muckenfuss, all of McNair Law Firm, P.A., of Columbia, for appellant.

Robert J. Sheheen, of Savage, Royall & Sheheen, of Camden, for respondent.

Elizabeth Van Doren Gray, of Sowell, Gray, Stepp & Laffitte, LLC, of Columbia, for amicus curiae Qwest Communications International, Inc.

WALLER, Justice:

This is a property dispute concerning ownership of a 200' wide strip of land between Monticello Road and the Broad River in Columbia, upon which Appellant, Norfolk Southern Railway Co. (Railroad) operates its railroad. The circuit court ruled the property in question is owned by Respondent, J. Larry Faulkenberry. We affirm.

FACTS

There is no dispute as to the underlying facts in this matter. Railroad's track bisects Faulkenberry...

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