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HASH v. U.S.

No. 03-1395.

403 F.3d 1308 (2005)

Robert HASH, Gerlene Hash, William Don Lakey, and Nancy Hawkins, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: April 4, 2005.

Attorney(s) appearing for the Case

Cecilia Fex, Ackerson Kauffman Fex, PC, of Washington, DC, argued for plaintiffs-appellants. With her on the brief was Nels J. Ackerson. Of counsel on the brief was Daniel J. Millea, Zelle, Hofmann, Voelbel, Mason & Gette, LLP, of Minneapolis, Minnesota. Of counsel were John B. Massopust and Timothy W. Regan.

Katherine J. Barton, Deputy Assistant Attorney General, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Kathryn E. Kovacs, Attorney.

Andrea C. Ferster, General Counsel, Rails-to-Trails Conservancy, of Washington, DC, for amicus curiae Rails-to-Trails Conservancy.

Before NEWMAN, LOURIE, and LINN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Robert Hash, Gerlene Hash, William Don Lakey, and Nancy Hawkins bring this class action affecting approximately two hundred Idaho landowners. The landowners appeal those aspects of the decision of the United States District Court for the District of Idaho as were decided adversely to their "taking" claims under the Fifth Amendment,1 arising from the conversion of a railroad right-of-way to a recreational...

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