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B. WILLIS, C.P.A., INC. v. BNSF RY. CORP.

No. 06-5015.

531 F.3d 1282 (2008)

B. WILLIS, C.P.A., INC., an Oklahoma corporation, Plaintiff-Appellant, v. BNSF RAILWAY CORPORATION, a foreign corporation; Union Pacific Railroad Company, a foreign corporation; Public Service Company of Oklahoma, an Oklahoma corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 16, 2008.

Attorney(s) appearing for the Case

William T. Dickson, Tulsa, OK, for Plaintiff-Appellant B. Willis, C.P.A., Inc.

Stratton Taylor, Taylor, Burrage, Foster, Mallett, Downs & Ramsey, Claremore, OK (Hugh D. Rice and William P. Tunnell, Rainey, Ross, Rice & Binns, Oklahoma City, OK; Mark H. Ramsey and Clinton D. Russell, Taylor, Burrage, Foster, Mallett, Downs & Ramsey, Tulsa, OK; and Robert D. Hart, Gibbs, Armstrong, Borochoff, Mullican & Hart, Tulsa, OK, with him on the briefs), for Defendants-Appellees BNSF Railway Corporation, Union Pacific Railroad Company and Public Service Company of Oklahoma.

Before TACHA, EBEL and KANE, Circuit Judges.

EBEL, Circuit Judge.

In 1992, Defendant-Appellee Public Service Company of Oklahoma ("PSO") used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. ("Willis"). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this easement for...

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