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LADD v. U.S.

No. 2010-5010.

630 F.3d 1015 (2010)

Jack LADD, Jobeth Ladd, John Ladd, Marie Ladd, Gail A. Lanham, James A. Lindsey, Michael A. Lindsey, William Lindsey, Charlie Miller, Pauline Miller, and Raymond Miller, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 14, 2010.

Attorney(s) appearing for the Case

Mark F. (Thor) Hearne, II , Arent Fox LLP, of Clayton, Missouri argued for plaintiffs-appellants. With him on the brief were Lindsay S.C. Brinton and Meghan S. Largent.

James D. Gette , Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief was Ignacia S. Moreno , Assistant Attorney General.

Greg Reilly , Morrison & Foerster LLP, of San Diego, California, for amicus curiae. With him on the brief was Sarah Simmons , of Chiyoda-ku, Tokyo Japan. Of counsel was Andrea C. Ferster , Rails-To-Trails Conservancy, of Washington, DC.

Before RADER, Chief Judge, LINN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

The appellants appeal an order of the Court of Federal Claims granting summary judgment that no compensable taking occurred when the Department of Transportation's Surface Transportation Board (STB) issued a Notice of Interim Trail Use or Abandonment concerning an easement over the appellants' land. Because the court's order conflicts with Caldwell v. United States, 391 F.3d 1226 (Fed. Cir.2005) and...

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