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TIMBERLAKE, INC. v. O'BRIEN

No. 46A03-0803-CV-134.

902 N.E.2d 843 (2009)

TIMBERLAKE, INC., Appellant-Plaintiff, v. Daniel P. O'BRIEN, Appellee-Defendant.

Court of Appeals of Indiana.

March 13, 2009.

Attorney(s) appearing for the Case

Martin W. Kus, Bradley J. Adamsky, LaPorte, IN, Attorneys for Appellant.

Shaw R. Friedman, Friedman & Associates, P.C., LaPorte, IN, Robert W. Wright, Dean-Webster, Wright & Kite, LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Plaintiff, Timberlake, Inc. (Timberlake), appeals the trial court's denial of its motion for summary judgment to quiet title to a railroad right-of-way and for trespass. Appellee-Defendant, Daniel O'Brien (O'Brien), cross-appeals the trial court's finding that he held a railroad right-of-way easement rather than a fee interest in the railroad...

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