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SEBER v. UNION PACIFIC R. CO.

No. 14-10-00195-CV.

350 S.W.3d 640 (2011)

Charles SEBER and Barbara Seber, Appellants, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 16, 2011.

Attorney(s) appearing for the Case

Ben A. Baring, Jr. , Houston, for appellants.

Earnest W. Wotring , Glenda Hobbs Kirsch , David George , Houston, for appellee.

Panel consists of Justices BROWN, BOYCE, and JAMISON.

OPINION

WILLIAM J. BOYCE, Justice.

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers' private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.

BACKGROUND

This dispute centers on the closing of a private crossing over Union Pacific's railroad right-of-way, which runs along the...

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