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MISSISSIPPI EXPORT R. CO. v. ROUSE

No. 2004-CA-00503-SCT.

926 So.2d 218 (2006)

MISSISSIPPI EXPORT RAILROAD COMPANY v. Malcolm E. ROUSE and Edna F. Rouse.

Supreme Court of Mississippi.

April 13, 2006.

Attorney(s) appearing for the Case

Raymond L. Brown, W. Fred Hornsby, III, Sessums, attorneys for appellant.

Austin R. Nimocks, Biloxi, attorney for appellees.

EN BANC.

ON MOTION FOR REHEARING

DICKINSON, Justice, for the Court.

¶ 1. The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor.

¶ 2. This is a claim of prescriptive easement by private citizens who presented uncontradicted proof of continuous use of a private crossing over active railroad tracks for over fifty years. The question presented is whether active railroad tracks are "public...

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