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OUACHITA R.R. v. CIRCUIT CT OF UNION COUNTY

No. 04-734.

206 S.W.3d 811 (2005)

OUACHITA RAILROAD, INC., Petitioner, v. CIRCUIT COURT OF UNION COUNTY, Arkansas, Second Division, Respondent.

Supreme Court of Arkansas.

April 7, 2005.

Attorney(s) appearing for the Case

Shackleford, Phillips, Wineland & Ratcliff P.A., by: Teresa Wineland and Casey Castleberry, El Dorado, for petitioner.

John D. Lightfoot, P.L.L.C., by: John D. Lightfoot, El Dorado, for respondent.

ROBERT L. BROWN, Justice.

The petitioner, Ouachita Railroad, Inc., petitions this court for a writ of prohibition against the respondent, the Circuit Court of Union County, Second Division. Ouachita Railroad seeks the writ on the basis that the circuit court is wholly without jurisdiction to entertain a counterclaim against it for abandonment and adverse possession in its suit for ejectment against Donna and Steve Harbour (the Harbours). It asserts that the Harbours...

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