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ALLARD CATTLE CO. v. COLORADO & SOUTHERN RAILWAY CO.

No. 72-202.

516 P.2d 123 (1973)

ALLARD CATTLE COMPANY, a co-partnership, et al., Plaintiffs-Appellees, v. The COLORADO AND SOUTHERN RAILWAY COMPANY, Defendant-Appellant, and The Colorado Central Railroad Company, and Union Pacific Denver and Gulf Railway Company in Larimer County, Colorado, and all unknown persons who claim any interest in the subject matter of this action, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 6, 1973.

Certiorari Granted December 10, 1973.

Attorney(s) appearing for the Case

Warberg & Mast, Sonja E. Warberg, D. Chet Mast, Fort Collins, for plaintiffs-appellees.

March, March & Sullivan, A. E. March, Jr., Fort Collins, John C. Street, Denver, for defendant-appellant.

Selected for Official Publication.

ENOCH, Judge.

This is an appeal by the defendant, The Colorado and Southern Railway Company, from a judgment in favor of plaintiffs, Allard Cattle Company et al., quieting title to portions of a right-of-way which had been granted the railroad by an act of Congress. The trial court found that the land in question had been abandoned by the defendant. We reverse.

The defendant railroad, as successor in title of the...

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