BAROS v. TEXAS MEXICAN RY. CO.

No. 03-41646.

400 F.3d 228 (2005)

Charles BAROS; et al., Plaintiffs, Charles Baros; Les Furman; and Roger Miller, Plaintiffs-Appellants, v. TEXAS MEXICAN RAILWAY COMPANY, Defendant-Appellee. Robert Martin; Ira Sklar; Daniel P. Kubecka; T.J. Babb Heir's Partnership; and Richard Anderson, Plaintiffs-Appellants, v. Texas Mexican Railway Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 9, 2005.


Attorney(s) appearing for the Case

John Wallace Griffin, Jr. (argued), Rebecca D. Rozmus, Houston, Marek & Griffin, Victoria, TX, for Plaintiffs-Appellants.

Robert Kenneth Wise (argued), Hunton & Williams, Dallas, TX, Randy M. Clapp, Duckett, Bouligny & Collins, El Campo, TX, for Defendant-Appellee.

Before JONES, SMITH and STEWART, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

In this property dispute, each of the plaintiffs (collectively, the "landowners") owns a parcel of land in Jackson or Victoria County, Texas, subject to a railroad right-of-way referred to as the "Victoria Segment" of the "Rosenberg Line."1 The landowners sought a judgment declaring that the portion of the Victoria Segment's right-of-way that abuts their land reverted to them as a matter of law after Southern...

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