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BIERY v. U.S.

No. 2013-5082.

753 F.3d 1279 (2014)

Dorothy L. BIERY, Julia R. Chalfant Etvir Trust, K.A.K. Farms, Inc., American Packaging Corporation, and Collins Industries, Inc., Plaintiffs-Appellants, Gordon Holloway, as successor and representative of decedent, George A. Holloway, and Stacy E. Judy Trust, Plaintiffs, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 4, 2014.

Attorney(s) appearing for the Case

Mark F. (Thor) Hearne, II , Arent Fox, LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Meghan S. Largent , Lindsay S.C. Brinton , and Stephen S. Davis . Of counsel was Debra J. Albin-Riley , of Los Angeles, CA.

Nina Robertson , Attorney, Appellate Section, Environmental and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Robert G. Dreher , Acting Assistant Attorney General.

Before PROST, Chief Judge, SCHALL and O'MALLEY, Circuit Judges.

SCHALL, Circuit Judge.

Plaintiffs-Appellants Dorothy L. Biery, the Julia R. Chalfant Etvir Trust, K.A.K. Farms, Inc., American Packaging Corporation, and Collins Industries, Inc., are landowners in Kansas. Each of them owns land abutting a 2.88-mile stretch of rail corridor near the City of South Hutchinson, Kansas. In the late nineteenth and early twentieth centuries, their predecessors in interest granted various deeds covering that land to the Hutchinson &...

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