Warren D. NICODEMUS, Trustee of the Warren D. Nicodemus Living Trust dated August 5, 1999 and John N. Morris, Norma B. 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, and
Sprint Communications Company, L.P.; Qwest Communications Corporation; Level 3 Communications LLC; Wiltel Communications, LLC; Rails To Trails Conservancy, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 14, 2006.
March 14, 2006.
Attorney(s) appearing for the Case
Submitted on the briefs:* Joseph Rebein, Shook, Hardy & Bacon, L.L.P., Kansas City, MO; Ron Bodinson, Jason E. Pepe, Bill J. Hays, and Chelsi K. Hayden, Shook, Hardy & Bacon, L.L.P., Overland Park, KS; and Stephen R. McAllister, University of Kansas School of Law, Lawrence, KS, for Defendants-Appellants.
John B. Massopust, Zelle, Hofmann, Voelbel, Mason & Gette, LLP, Minneapolis, MN; Catherine M. Colinvaux, Zelle, Hofmann, Voelbel, Mason & Gette, LLP, Waltham, MA; Kim D. Cannon, Davis & Cannon, Sheridan, WY; and Jordan Lewis, Siegel, Brill, Greupner, Duffy & Foster, Milwaukee, WI, for Plaintiffs-Appellees.
J. Emmett Logan, Stinson Morrison Hecker LLP, Kansas City, MO, John F. Daum, O'Melveny & Myers, LLP, Los Angeles, CA, Joseph E. Jones, Fraser Stryker Vaughn Meusey Olson Boyer & Bloch, Omaha, Nebraska, and J. Kevin Hayes, Hall, Estill, Hardwick, Gable, Golden & Nelson, Tulsa, OK, filed and Amici Curiae brief for Sprint, Qwest, Level 3, and Wiltel, on behalf of Appellants.
Andrea Ferster, Rails to Trails Conservancy, Washington, D.C., and Charles H. Montange, Seattle, WA, filed an Amicus Curiae brief for Rails to Trails Conservancy, on behalf of Appellee.
Before TACHA, Chief Circuit Judge, ANDERSON, and EBEL, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TACHA, Chief Circuit Judge.
This case has led a somewhat tortured existence in the federal courts. The Plaintiffs-Appellees, who are Wyoming landowners, originally filed suit in the District of Wyoming in 2001 alleging various state law claims including trespass, unjust enrichment, and slander of title against Defendants-Appellants Union Pacific Corporation and Union Pacific Railroad Company ("Union Pacific"). On December 6, 2001, the District Court sua sponte dismissed...
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