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ALLIANCE PIPELINE L.P. v. 4.360 ACRES OF LAND

No. 13-1003.

746 F.3d 362 (2014)

ALLIANCE PIPELINE L.P., Plaintiff-Appellee v. 4.360 ACRES OF LAND, MORE OR LESS, IN the S/2 of Section 29, TOWNSHIP 163 NORTH, RANGE 85 WEST, RENVILLE COUNTY, NORTH DAKOTA; 4.675 Acres of Land, More or Less, in the SE/4 of Section 30, Township 163 North, Range 85 West, Renville County, North Dakota; Leonard Smith; Ione Smith, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 24, 2014.

Rehearing and Rehearing En Banc Denied April 25, 2014.

Attorney(s) appearing for the Case

Robert S. Rau , Minot, ND, argued, for appellants.

Michael David Schoepf , Bismarck, ND, argued, Bismarck, ND ( Lawrence Bender , on the brief), for appellee.

Before WOLLMAN, LOKEN, and KELLY, Circuit Judges.

WOLLMAN, Circuit Judge.

Leonard and Ione Smith (the Smiths) appeal from a district court1 order condemning portions of their property for the construction of a natural gas pipeline owned and operated by Alliance Pipeline, L.P. (Alliance), and granting Alliance immediate use and possession of the condemned land. Alliance brought the condemnation action against the Smiths' property after obtaining a certificate from the Federal Energy Regulatory...

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