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H&T FAIR HILLS, LTD. v. ALLIANCE PIPELINE L.P.

No. 22-1817.

76 F.4th 1093 (2023)

H&T FAIR HILLS, LTD., on behalf of themselves and all others similarly situated; Norman Zimmerman, on behalf of themselves and all others similarly situated; Donna Zimmerman, on behalf of themselves and all others similarly situated; Steven Wherry, on behalf of themselves and all others similarly situated; Valerie Wherry, on behalf of themselves and all others similarly situated; Robert Ruebel, on behalf of themselves and all others similarly situated; Mary Ruebel, on behalf of themselves and all others similarly situated; Larry Ruebel, on behalf of themselves and all others similarly situated; Mark Hein, on behalf of themselves and all others similarly situated; Debra Hein, on behalf of themselves and all others similarly situated; Nicholas Hein, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees v. ALLIANCE PIPELINE L.P., also known as Alliance USA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 10, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Nicole M. Moen , of Minneapolis, MN. The following attorney(s) appeared on the appellant brief; Haley Waller Pitts , of Minneapolis, MN., Aron J. Frakes , of Minneapolis, MN., Patrick D.J. Mahlberg , of Minneapolis, MN., Samuel Andre , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Anne T. Regan , of Edina, MN. The following attorney(s) appeared on the appellee brief; Michael R. Cashman , of Edina, MN., Brian William Nelson , of Edina, MN., Drew R. Ball , of Chicago, IL., Steve McCann , of Chicago, IL.

Before LOKEN, MELLOY, and KOBES, Circuit Judges.

Alliance Pipeline L.P. ("Alliance") entered into contracts with four states ("State Agreements") as well as contracts with individual landowners in order to build a natural gas pipeline. The contracts with landowners provide easements for the pipeline right-of-way. In 2018, some landowners on the pipeline right-of-way filed...

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