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SWISHER v. U.S.

No. 98-1352-CM.

176 F.Supp.2d 1100 (2001)

Cheryl SWISHER, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

August 29, 2001.

Attorney(s) appearing for the Case

John E. Foulston, John T. Conlee, Foulston, Conlee, Schmidt & Emerson, LLP, Wichita, KS, James R. Baarda, Nels J. Ackerson, The Ackerson Group, Chtd., Washington, DC, for plaintiffs.

Christina L. Medeiros, Office of United States Attorney, Wichita, KS, Marc A. Smith, James A. Eichner, U.S. Department of Justice, Environment & Nat. Resources Div., Washington, DC, David Spohr, U.S. Department of Justice, Environment & Natural Resources Div., Seattle, WA, for defendant.

MEMORANDUM AND ORDER

MURGUIA, District Judge.

Plaintiffs filed this cause of action alleging that they own interest in land constituting part of a railroad corridor now operated for trail use pursuant to the National Trails System Act ("Trails Act"), 16 U.S.C. § 1247 et seq. Plaintiffs allege that defendant has worked a taking of their property and seek just compensation under the Fifth Amendment in the amount of $10,000 or less. This matter is before...

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