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LINN FARMS AND TIMBER LTD. v. UNION PACIFIC R. CO.

No. 10-2425.

661 F.3d 354 (2011)

LINN FARMS AND TIMBER LIMITED PARTNERSHIP, Appellant, v. UNION PACIFIC RAILROAD COMPANY; Chesapeake Exploration, LLC, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 15, 2011.

Attorney(s) appearing for the Case

Ted J. Thomas , argued and on the brief, Conway, AR, for appellant.

Martin Aaron Kasten , argued, Joseph P. McKay and Jamie Huffman Jones , on the brief, Little Rock, AR, for appellees.

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

Union Pacific Railroad Company ("Union Pacific"), formerly Missouri Pacific Railroad Company ("Missouri Pacific"), owned mineral rights to three parcels of land in Arkansas until 2005 when the rights were forfeited due to tax delinquency. Linn Farms and Timber Limited Partnership ("Linn Farms"), as the surface rights owner to the parcels, purchased the mineral rights from Mark Wilcox, the Arkansas Commissioner of State Lands ("Commissioner"). Thereafter...

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