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TUBBS v. SURFACE TRANSP. BD.

No. 14-3898.

812 F.3d 1141 (2015)

Thomas TUBBS, Trustee of the Thomas Tubbs Revocable Trust and Individually; Dana Lynn Tubbs, Trustee of the Dana Lynn Tubbs Revocable Trust and Individually, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, BNSF Railway Company; Massman Construction Company, Intervenors.

United States Court of Appeals, Eighth Circuit.

Filed: December 28, 2015.

Attorney(s) appearing for the Case

Robert Edward Murphy , argued, Saint Joseph , MO, for Petitioners.

Theodore Leonard Hunt , argued, Washington, DC, for Respondents.

David Coburn , argued, Washington, DC, (Douglas Royce Dalgleish, Kansas City, MO., Alice Elizabeth Loughran , Christopher L. Falcone , of Washington, DC, on the brief), for Intervenors.

Before MURPHY, MELLOY, and SMITH, Circuit Judges.

Flood waters from the Missouri River heavily destroyed the family farm of Thomas and Dana Lynn Tubbs in 2011. The Tubbses attribute the total loss to BNSF Railway Company's maintenance of a railway embankment running across their farm. The Surface Transportation Board ("Board") concluded that the Interstate Commerce Commission...

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