GUNTER, Justice.
This action originated when the appellant filed suit to enjoin alleged trespasses by the appellees over its railroad right-of-way. At a pretrial conference it was agreed by counsel for all parties that the matter would be submitted to the court for a determination on its merits without the intervention of a jury, and that the issues would be determined by the validity or invalidity of an order entered on December 1, 1964, by the Commissioner of Roads...
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