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LOWERS v. U.S.

No. 02-0294.

663 N.W.2d 408 (2003)

Jerry LOWERS, Donna Lowers, Donald Jensen, Marcella Jensen, Darell Kilworth, Viola Kilworth, Gene Leslie, and Martha Leslie, For Themselves and All Others Similarly Situated, Plaintiffs, v. The UNITED STATES of America, Defendant.

Supreme Court of Iowa.

June 11, 2003.

Attorney(s) appearing for the Case

Cecilia Fex and Nels Ackerson, The Ackerson Group, Chartered, Washington, D.C., and Kevin M. Reynolds of Whitfield & Eddy, P.L.C., Des Moines, for plaintiffs.

David W. Spohr, William B. Lazarus, and Elizabeth Ann Peterson, Washington, D.C., and Thomas L. Sansonetti, Assistant United States Attorney General, and Gary L. Hayward, Assistant United States Attorney, for defendant.

Christina L. Gruenhagen, West Des Moines, for amicus curiae Iowa Farm Bureau Federation.

A.W. Tauke of Porter, Tauke & Ebke, Council Bluffs, Andrea C. Ferster, Washington, D.C., and Danaya Wright, University of Florida College of Law, Gainesville, FL, for amici curiae Rails to Trails Conservancy and Iowa Nature Heritage Foundation, Inc.

David T.M. Powell of Lathrop & Gage, L.C., Kansas City, MO, and Thomas M. Cunningham of Pingel & Templer, P.C., West Des Moines, for amici curiae Burlington Northern and Santa Fe Railway Company and Union Pacific Railroad Company.

CARTER, Justice.

The United States District Court for the Southern District of Iowa has certified four questions of law to be answered by this court as provided in Iowa Code sections 684A.1 and 684A.3 (2001) and Iowa Rule of Appellate Procedure 6.451. These questions involve the application of Iowa law in a pending federal class action in which the claimants assert a right to compensation for the taking of their property interests. All of the certified questions relate...

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