Marshall v. Chicago & Northwestern Transportation Co.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McWILLIAMS, Senior Circuit Judge.
This case concerns the present ownership of the land underlying an abandoned railroad right of way situated in Natrona County, Wyoming. The district court granted summary judgment in favor of the present owner of the so-called servient estate, and the railroad company and its assignees appeal.
This controversy has its genesis in 1905 when the United States, under the General Railroad Right of Way Act of 1875, granted the Wyoming & Northwestern Railway Company a 200-foot-wide right of way through, inter alia, the W]éSW]4 of Section 33, Township 35 North, Range…
2Cases cited12 opinions
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Rio Grande Western Railway Co. v. StringhamSupreme Court of the United States · 1915
- Doenz v. GarberWyoming Supreme Court · 1983
- State of Idaho v. Oregon Short Line R. Co.District Court, D. Idaho · 1985
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3Cited by3 opinions
- Samuel C. Johnson 1988 Trust v. Bayfield CountyCourt of Appeals for the Seventh Circuit · 2011
- Gary R. Marshall v. Chicago And Northwestern Transportation CompanyCourt of Appeals for the Tenth Circuit · 1994
- United States v. Wyoming And Colorado RailroadCourt of Appeals for the Tenth Circuit · 2012