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STIMSON LUMBER CO. v. UNITED STATES

2022-1201.

82 F.4th 1346 (2023)

STIMSON LUMBER COMPANY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 2, 2023.

Attorney(s) appearing for the Case

Thomas Scott Stewart , Stewart Wald & Smith, LLC, Kansas City, MO, argued for plaintiff-appellant. Also represented by Elizabeth McCulley.

Katelin Shugart-Schmidt , Environment and Natural Resources Division, United States Department of Justice, Denver, CO, argued for defendant-appellee. Also represented by Todd Kim.

Before Dyk, Reyna, and Cunningham, Circuit Judges.

This appeal originates from a rails-to-trails conversion in the state of Oregon, where Stimson Lumber Company ("Stimson") owns property subject to an easement. Stimson brought suit against the government in the United States Court of Federal Claims ("Claims Court"), seeking compensation for an alleged taking arising from...

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