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NEWELL ROD AND GUN CLUB, INC. v. BAUER

409 Pa.Super. 75 (1991)

597 A.2d 667

NEWELL ROD AND GUN CLUB, INC., Appellant, v. Walter BAUER, Florence Bauer, Lehigh Valley Railroad Company, Andrew Andjeski, Susan Linso, Ferdie Marek, F.C. Harrison, D.J. Waller, Oscar R. Hartel, Matilda G. Hartel, Their Agents, Heirs, Successors, Representatives and Assigns, Appellees.

Superior Court of Pennsylvania.

Filed September 27, 1991.

Attorney(s) appearing for the Case

Franklin E. Kepner, Jr., Berwick, for appellant.

John Kocsis, III, Athens, for appellees.

Before WIEAND, BECK and HUDOCK, JJ.

HUDOCK, Judge:

In the instant appeal, Appellant, Newell Rod and Gun Club, Inc., (the Club), claims that the trial court erred in granting it a prescriptive easement or right-of-way rather than title in fee to a roadbed formerly used as a railroad. We disagree and thus affirm the order of the court below.

The facts underlying the present appeal, as listed in the trial court's factual findings, may be summarized...

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