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LADD v. U.S.

Nos. 2012-5086, 2012-5087.

713 F.3d 648 (2013)

Jack LADD, Jobeth Ladd, John Ladd, Marie Ladd, Gail A. Lanham, James A. Lindsey, Michael A. Lindsey, William Lindsey, Charlie Miller, Pauline Miller, Raymond Miller, Valentin Castro, III, Deborah Ann Castro Revocable Trust, Joseph Lawrence Heinzl, Tammy Windsor-Brown, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 9, 2013.

Attorney(s) appearing for the Case

Mark F. (Thor) Hearne, II , Arent Fox LLP, of Clayton, MO, argued for plaintiffs-appellants. With him on the brief were Lindsay S.C. Brinton and Meghan S. Largent ; Debra J. Albin-Riley and Joseph L. Cavinato, III , of Los Angeles, CA.

Michael T. Gray , Attorney, Appellee Section Environment & Natural Resources Division, United States Department of Justice, of Jacksonville, FL, argued for the defendant-appellant. With him on the brief was Ignacia S. Moreno , Assistant Attorney General. Of counsel was William J. Shapiro , Attorney, of Sacramento, CA.

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

MOORE, Circuit Judge.

Jack Ladd et. al. (landowners) appeal from the Court of Federal Claims's (CFC) dismissal of their taking claims as barred by the statute of limitations. Because the landowners' claims are not time-barred, we reverse and remand for further proceedings. We affirm the remaining issues appealed.

BACKGROUND

This appeal is the second appeal in this rails-to-trails case. See Ladd v. United States,

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