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UNION PACIFIC R. v. AMERITON PROPS. INC.

No. 01-13-00811-CV.

448 S.W.3d 671 (2014)

UNION PACIFIC RAILROAD COMPANY, Appellant, v. AMERITON PROPERTIES INCORPORATED, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled December 9, 2014.

Attorney(s) appearing for the Case

Charles B. McFarland , Joyce, McFarland + McFarland, LLP, Houston, TX, for Appellant.

Ben A. Baring, Jr. , Paul J. McConnell, III , R. Travis Piper , Delange, Hudspeth, McConnell & Tibbets, L.L.P., Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices HIGLEY and BROWN.

OPINION

Ameriton Properties Incorporated sought a declaratory judgment that it owned a strip of land in western Houston and that Union Pacific Railroad Company's only interest in that land was a now-abandoned right of way. Union Pacific counterclaimed, seeking a declaratory...

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