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BURLINGTON NORTHERN AND SANTA FE RY. CO. v. GRANT

Nos. 04-5182, 04-5190, 05-5137.

505 F.3d 1013 (2007)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Plaintiff-Appellant and Cross-Appellee, v. Charles B. GRANT; Charles B. Grant Revocable Trust, Defendants-Appellees and Cross-Appellants, and State of Oklahoma; Oklahoma Department of Environmental Quality; Oklahoma Department of Agriculture, Food and Forestry, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

September 24, 2007.

Attorney(s) appearing for the Case

Alok Ahuja, Lathrop & Gage, L.C., Kansas City, MO, (Hugh D. Rice, Rainey, Ross, Rice & Binns, PLLC, Oklahoma City, OK, and David E. Cowen, McLeod, Alexander, Powel & Apffel, Galveston, TX, with him on the briefs), for Plaintiff-Appellant and Cross-Appellee.

Linda C. Martin, (Sam P. Daniel and Young H. Pei with her on the briefs), Doerner, Saunders, Daniel and Anderson, L.L.P., Tulsa, OK, for Defendants-Appellees and Cross-Appellants.

John Trevor Hammons, Assistant Attorney General, Environmental Protection Unit, Oklahoma City, OK, filed an amicus brief on behalf of the State of Oklahoma, the Oklahoma Department of Environmental Quality, and the Oklahoma Department of Agriculture, Food and Forestry, Amici Curiae.

Before HENRY and BRISCOE, Circuit Judges, and ROBINSON, District Judge.

BRISCOE, Circuit Judge.

Plaintiff Burlington Northern & Santa Fe Railway Co. (BNSF) appeals (Case No. 04-5182) the final judgment of the district court and additional interlocutory orders preceding final judgment. BNSF also appeals an order directing it to pay Defendants Charles Grant and the Charles Grant Revocable Trust (Grant) attorney fees (Case No. 04-5190).1 Grant, in turn, cross-appeals...

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