Missouri Pacific Railroad v. Harbison-Fischer Manufacturing Co.

DeMOSS, Circuit Judge:

The district court below rendered several summary judgments in this multi-party case arising out of two consecutive leases of railroad property. We affirm two of the court’s rulings, reverse one of them, and affirm the court’s denial of a request for attorney’s fees.

I

In 1956, the Texas & Pacific Railway Company (TPRC) leased real property located in Forth Worth, Texas, to Harbison-Fischer Manufacturing. Upon entering the land, Harbison-Fischer built several buildings on the leased property. The lease provided that Harbison-Fischer would remove its plant and equipment…