Legal Opinion

E. G. Fitzgerald v. City of Ardmore, Oklahoma, a Municipal Corporation, Willie Mae Lane v. City of Ardmore, Oklahoma, a Municipal Corporation

Court of Appeals for the Tenth Circuit

Decided June 21, 1960No. 6301_1PublishedCited by 6 opinions

1Opinion of the Court

SAVAGE, District Judge.

These are consolidated appeals from a judgment of the United States District Court for the Eastern District of Oklahoma. They present the common question of whether the title to a portion of an abandoned railway right of way in the City of Ardmore is vested in the municipality or in the owners of abutting lots. If the abandonment did not occur until cessation of use of the right of way by the railroad in 1948, title at that time was acquired by the City. If the abandonment occurred on November 1, 1908, the date upon which the railroad’s right to purchase fee title to…

2Cases cited5 opinions

  1. United States v. Magnolia Petroleum Co.Court of Appeals for the Tenth Circuit · 1939
  2. United States v. DrumbCourt of Appeals for the Tenth Circuit · 1946
  3. Chickasha Cotton Oil Company, a Delaware Corporation v. The Town of Maysville, Oklahoma, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1957
  4. St. Louis-San Francisco Railway Company, a Corporation v. The Town of Francis, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1957
  5. Town Of Maysville v. Magnolia Petroleum CompanyCourt of Appeals for the Tenth Circuit · 1959

3Cited by6 opinions

  1. Midwestern Developments, Inc. v. The City of Tulsa, Oklahoma, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1967
  2. St. Louis-San Francisco Railway Company, a Corporation v. Peter C. Walter, Betty Walter Allen, Jean Walter Davisson, and Daisy E. WalterCourt of Appeals for the Tenth Circuit · 1962
  3. Choctaw Nation and Chickasaw Nation v. The Atchison, Topeka and Santa Fe Railway Company, and Davy C. ManerCourt of Appeals for the Tenth Circuit · 1968
  4. Sand Springs Home v. State Ex Rel. Department of HighwaysSupreme Court of Oklahoma · 1975
  5. WRT Realty, Inc. v. Boston Investment Group II, L.L.C.Court of Civil Appeals of Oklahoma · 2012

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