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SOUTH PLAINS LAMESA R.R., LTD. v. HEINRICH

No. 07-07-0352-CV.

280 S.W.3d 357 (2008)

SOUTH PLAINS LAMESA RAILROAD, LTD., and Larry Dale Wisener, Appellants, v. Walter HEINRICH and Russell Heinrich, Appellees.

Court of Appeals of Texas, Amarillo.

August 7, 2008.

Attorney(s) appearing for the Case

James L. Gorsuch, James L. Gorsuch, P.C., Lubbock, TX, for Appellants.

Patrick C. Simek, Law Offices of Patrick C. Cimek, P.C., Cecil Kuhne, Crenshaw, Dupree & Milam, L.L.P., Lubbock, TX, for Appellees.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

OPINION

MACKEY K. HANCOCK, Justice.

Appellants, South Plains Lamesa Railroad, Ltd. (South Plains), and Larry Dale Wisener (Wisener), appeal from the judgment of the 72nd District Court of Lubbock County, Texas, granting two easements under a railline in favor of appellees, Walter Heinrich and Russell Heinrich (collectively "Heinrich"). By five issues, South Plains and Wisener contend the trial court erred in 1) finding that there was an easement in existence...

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