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MOODY v. GREAT WESTERN RY. CO.

Nos. 07-1285, 07-1287.

536 F.3d 1158 (2008)

J. Gale MOODY, Plaintiff-Appellee, and Rodney L. Nelson, Plaintiff-Intervenor/Cross-Claimant-Appellee, v. The GREAT WESTERN RAILWAY COMPANY, a corporation; The Western Construction Company, a Colorado corporation; Great Western Trail Authority, an intergovernmental authority; Keith McIntyre, Chair, Great Western Trail Authority; Doug Moore, Vice Chair, Great Western Trail Authority; Peggy Johnson, Secretary, Great Western Trail Authority; Jim Campbell; Tom Jones; Tim Krebs; Mike Ketterling; Barbara Labarbara; Alex Ryer, Board Members, Great Western Trail Authority; Any Unknown Person Who May Claim Any Interest in the Subject Matter of this Action, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 12, 2008.

Attorney(s) appearing for the Case

Timothy L. Goddard of Hasler, Fonfara & Maxwell, L.L.P., Fort Collins, CO, for Plaintiff-Appellee.

Joshua D. McMahon (William Perry Pendley of Mountain States Legal Foundation, on the brief), Lakewood, CO, for Plaintiff-Intervenor-Cross-Claimant-Appellee.

Jennifer Lynn Peters (Fred L. Otis of Otis, Coan & Peters, L.L.C., on the briefs), Greeley, CO, for Defendants-Appellants.

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

Before KELLY and TYMKOVICH, Circuit Judges, and FRIZZELL, District Judge.

PAUL KELLY, JR., Circuit Judge.

Defendants-Appellants Great Western Railway Company, Western Construction Company, Great Western Trail Authority, and various members of the Great Western Trail Authority Board appeal from the district court's order remanding this case to Colorado state court. Because we conclude that we do not have appellate jurisdiction to review the remand order, we dismiss the appeal.

Background

Plaintiff-Appellee J. Gale...

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