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FLETCHER v. BURLINGTON NORTHERN AND SANTA FE RY.

Nos. 06-2156, 06-2159, 06-2162, 06-2164.

474 F.3d 1121 (2007)

Randolph C. FLETCHER; Sheila A. Fletcher, Plaintiffs-Appellants, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY; City of Carl Junction; James J. Wisdom, Defendants-Appellees, Doe Insurance Company, Defendant, Joplin Trail Coalition, Defendant-Appellee. Jeff Lundein; Elizabeth Lundein, Plaintiffs-Appellants, Paul Hance; Kathleen Hance; Randolph C. Fletcher; Sheila A. Fletcher; John C. Warner; Beverly G. Warner; John Fredrickson; Shirley Sue Fredrickson; Clayton A. Crosby; Carl Junction R-1, Plaintiffs, v. Burlington Northern and Sante Fe Railway Company; James J. Wisdom; City of Carl Junction, Missouri; Defendants-Appellees, Joplin Trail Coalition, Intervenor Defendant-Appellee, John Fredrickson; Shirley Sue Fredrickson; Stephen Fredrickson; Tami Fredrickson, Plaintiffs-Appellants, v. Burlington Northern and Santa Fe Railway Company; City of Carl Junction; James J. Wisdom, Defendants-Appellees, Doe Insurance Company, Defendant, Joplin Trail Coalition, Defendant-Appellee. Carl Junction R-1, Plaintiff-Appellant, v. Burlington Northern and Santa Fe Railway Company; Joplin Trail Coalition, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 26, 2007.

Attorney(s) appearing for the Case

Royce Deryl Edwards, Jr., argued Joplin, MO (L. Dean Wilson, on the brief), for appellants.

Charles H. Montange, argued, Seattle, WA (Michael D. Talley, Joplin, MO and Joseph Leroy Johnson, and David T.M. Powell, Springfield, MO, on the brief), for appellees.

Before MURPHY, ARNOLD, AND BENTON, Circuit Judges.

MURPHY, Circuit Judge.

The Burlington Northern Santa Fe Railway Company (BNSF) agreed with the Joplin Trail Coalition to convert a railroad right of way to trail use. Seven adjacent landowners initiated state court actions claiming that the railroad had abandoned the right of way and had failed to comply with statutory maintenance duties on their property; they seek declaratory relief and damages. Two of the seven also claim...

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