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NICODEMUS v. UNION PACIFIC CORP.

Nos. 02-8016, 02-8017.

318 F.3d 1231 (2003)

Warren D. NICODEMUS, Trustee of the Warren D. Nicodemus Living Trust dated August 5, 1999 and John N. Morris, Norma Morris, and John H. Bell Iron Mountain Ranch Company, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees. v. UNION PACIFIC CORPORATION, a Utah corporation, and Union Pacific Railroad Company, a Delaware corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 13, 2003.

Attorney(s) appearing for the Case

Ron Bodinson, Shook, Hardy & Bacon, L.L.P., Overland Park, KS, (Gregory T. Wolf, Jason E. Pepe, Jerrod Westfahl, Shook, Hardy & Bacon, L.L.P., Overland Park, KS, and Joseph Rebein and Laurie Novion, Shook, Hardy & Bacon, L.L.P., Kansas City, MO, with him on the brief), appearing for Defendants-Appellants.

Catherine M. Conlinvaux, Zelle, Hofmann, Voelbel, Mason & Gette, L.L.P., Waltham, MA (Kim D. Cannon, Davis & Cannon, Sheridan, WY; Jordan Lewis, Siegel, Brill, Greupner, Duffy & Foster, Milwaukee, WS; and John B. Massopust, Zelle, Hofmann, Voelbel, Mason & Gette, L.L.P., Minneapolis, MN, on the brief), appearing for Plaintiffs-Appellees.

Before TACHA, ANDERSON, and EBEL, Circuit Judges.

TACHA, Chief Circuit Judge.

I. Background

Plaintiffs-appellees are Wyoming landowners (1) Warren Nicodemus, trustee, and (2) John Morris, Norma Morris, and John H. Bell Iron Mountain Ranch Company. Defendants-appellants, Union Pacific Corporation and Union Pacific Railroad Company ("Union Pacific"), own railroad rights-of-way over plaintiffs' respective properties. Union Pacific acquired the rights-of-way at issue in this case under numerous federal land...

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