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GLOSEMEYER v. MISSOURI-KANSAS-TEXAS R.R.

No. 88-1863.

879 F.2d 316 (1989)

Maurice and Dolores GLOSEMEYER, et al., Appellants, v. MISSOURI-KANSAS-TEXAS RAILROAD; Missouri Department of Natural Resources, an agency of the State of MO; Frederick A. Brunner, Director Missouri Department of Natural Resources, Appellees. Conservation Federation of MO; National Wildlife Federation; the Rails to Trails Conservancy; the Lewis and Clark Nature Trail Foundation; the Sierra Club; the Paralyzed Veterans of America; BICYCLE USA; the Lewis and Clark Heritage Foundation; the American Hiking Society; the Katy MO River Trail Association; the American Rivers Conservation Council; United States, Intervenors Below.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1989.

Attorney(s) appearing for the Case

Michael M. Berger, Los Angeles, Cal., for appellants.

Louise F. Milkman and Charles H. Montange, Washington, D.C., for appellees.

Before McMILLIAN and BEAM, Circuit Judges, and WHIPPLE, District Judge.

McMILLIAN, Circuit Judge.

Plaintiffs appeal from a final order entered in the District Court1 for the Eastern District of Missouri rejecting their constitutional challenge to § 8(d) of the National Trails System Act of 1968 (Trails Act), as amended, 16 U.S.C. § 1247(d) (hereinafter § 1247(d)), and granting summary judgment in favor of defendants. Glosemeyer v. Missouri-Kansas...

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