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BURLINGTON NORTHERN R. CO. v. UNITED STATES

Appeal No. 84-989.

752 F.2d 627 (1985)

BURLINGTON NORTHERN RAILROAD COMPANY and Meridian Land and Mineral Company, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 9, 1985.

Attorney(s) appearing for the Case

William A. Gould, Perkins, Coie, Stone, Olsen & Williams, Washington, D.C., argued for appellants.

Arthur E. Gowran, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen. and Jacques B. Gelin, Washington, D.C.

Stuart A. Sanderson, Office of the Sol., U.S. Dept. of Interior, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, and FRIEDMAN and RICH, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from the judgment of the United States Claims Court dismissing without prejudice Burlington Northern Railroad Company's (Burlington) suit seeking just compensation from the United States under the fifth amendment for the alleged taking of Burlington's coal reserves in Custer National Forest. We affirm.

I

Burlington filed a petition in the Claims Court alleging that it owns substantial mineral reserves, including...

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