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TAZIAN v. CLINE

No. 02S03-9709-CV-512.

686 N.E.2d 95 (1997)

In re Zohrab K. TAZIAN and Naomi Tazian, Appellants (Defendants below), and James A. Long, II and Mary Ann Long, Robert S. Warner and Malea A. Ramer, and Eleanor L. Doehla, Defendants (not participating in this appeal), v. Alice CLINE, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 26, 1997.

Attorney(s) appearing for the Case

Catherine S. Christoff, Christoff & Christoff, Fort Wayne, for Appellants.

Dennis D. Sutton, Burt, Blee, Dixon & Sutton, Fort Wayne, for Appellee.

Nels Ackerson, The Ackerson Group, Chartered, Washington, DC, Henry J. Price, Price & Finding, Indianapolis, for Amici Curiae, Indiana Farm Bureau and "Landowner Class Members".

ON PETITION TO TRANSFER

SULLIVAN, Justice.

This case is one of several lawsuits in our state in which the ownership of land formerly constituting railroad rights-of-way is contested. We agree with the Court of Appeals and the trial court that the nineteenth century deed at issue here conveyed fee simple absolute to the railroad.

Background

Neither party disputes the following facts. Alice Cline purchased a 4.24 acre strip of land...

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