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CITY OF NORTH LITTLE ROCK v. UNION PACIFIC R. CO.

No. 4:10-CV-01689-JLH.

808 F.Supp.2d 1102 (2011)

CITY OF NORTH LITTLE ROCK ARKANSAS, Plaintiff v. UNION PACIFIC RAILROAD COMPANY; and Arkansas Midland Railroad Company, Inc., Defendants.

United States District Court, E.D. Arkansas, Western Division.

April 21, 2011.

Attorney(s) appearing for the Case

Charles Jason Carter , North Little Rock City Attorney's Office, North Little Rock, AR, for Plaintiff.

Jamie Marie Huffman Jones , Paul B. Benham, III , Friday, Eldredge & Clark, LLP, John Purifoy Gill , Gill Elrod Ragon Owen & Sherman, P.A., Little Rock, AR, for Defendants.

OPINION AND ORDER

J. LEON HOLMES, District Judge.

The City of North Little Rock, Arkansas, commenced this action in the Circuit Court of Pulaski County, Arkansas, seeking to acquire an easement on railroad property for a pedestrian and bicycle trail through the power of eminent domain. The defendants removed the action to this Court pursuant to 28 U.S.C. § 1441. Subsequently, Arkansas Midland Railroad Company filed a motion to dismiss for lack...

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