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BURLINGTON NORTHERN R. CO. v. KMEZICH

No. 94-1678.

48 F.3d 1047 (1995)

BURLINGTON NORTHERN RAILROAD COMPANY, Appellee, v. Peter KMEZICH; Wayne Schoening; Kristine Schoening; Arthur Sieck, Jr.; and Diane Sieck, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1995.

Attorney(s) appearing for the Case

Scott H. Peters, Council Bluffs, IA, argued, for appellant.

Rodney M. Confer, Lincoln, NE, argued (Cheryl R. Zwart, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FAGG, Circuit Judge, and WILSON, District Judge.

RICHARD S. ARNOLD, Chief Judge.

The defendants, Peter Kmezich, Wayne Schoening, Kristine Schoening, Arthur Sieck, Jr., and Diane Sieck (the landowners), appeal from findings of fact and conclusions of law entered against them and in favor of the plaintiff, Burlington Northern Railroad Company. The issue in this case is whether Iowa law extinguishes a railroad's property interest in a right-of-way when a railroad "abandons" a railroad line for interstate-commerce purposes...

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