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CITY OF OZARK, ARKANSAS v. UNION PACIFIC R. CO.

No. 16-1186, No. 16-1187.

843 F.3d 1167 (2016)

CITY OF OZARK, ARKANSAS, a municipal corporation, Plaintiff-Appellee v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 19, 2016.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jeremy M. Berman , of Omaha, NE. The following attorneys also appeared on the appellant brief; Robert S. Shafer , of Little Rock, AR., Jamie Huffman Jones , of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Andrew Mikeal Taylor, of Little Rock, AR. The following attorney also appeared on the appellee brief; Tasha C. Taylor , of Little Rock, AR.

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.

The City of Ozark, Arkansas sued Union Pacific Railroad Company in state court seeking an order requiring Union Pacific to restore a public at-grade rail crossing or, alternatively, allowing the City to condemn Union Pacific's land across that public crossing. Union Pacific removed the action,1...

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