Legal Opinion

City of Aberdeen v. Chicago & North Western Transportation Co.

District Court, D. South Dakota

Decided December 21, 1984No. Civ. 82-1057PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

This case, essentially a quiet title action, was originally brought in the Fifth Judicial Circuit Court of South Dakota against Chicago and Northwestern Transportation Company (CNW) and several individuals (the Vaughans). Plaintiff City of Aberdeen claims title to a strip of land within the municipal boundaries of Aberdeen (for purposes of this opinion, “Tract A”) pursuant to 43 U.S.C. § 912. The portion of Section 912 pertinent to this case provides that whenever a railroad company abandons land within a municipality, title to the abandoned…

2Cases cited6 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
  3. Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
  4. New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
  5. Rio Grande Western Railway Co. v. StringhamSupreme Court of the United States · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Barney v. Burlington Northern RailroadSouth Dakota Supreme Court · 1992
  2. Whipps Land & Cattle Co. v. Level 3 Communications, LLCNebraska Supreme Court · 2003
  3. Keife v. LoganNevada Supreme Court · 2003
  4. Marlow v. MaloneAppellate Court of Illinois · 2000
  5. Beres v. StatesUnited States Court of Federal Claims · 2005

9 more not listed; retrieve them via the Exa API.

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