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HOWARD v. U.S.

No. 94S00-1106-CQ-333.

948 N.E.2d 1179 (2011)

Henry L. HOWARD, et al., Plaintiffs, v. UNITED STATES, Defendant.

Supreme Court of Indiana.

June 23, 2011.

PUBLISHED ORDER ACCEPTING CERTIFIED QUESTION

The United States Court of Federal Claims has certified a question of Indiana state law for this Court's consideration. The question arises in Howard v. United States, ___ Cl.Ct. ___, 2011 WL 2120526 (2011). The question, as framed by the Court of Claims, is:

"Under Indiana law, are railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) uses that are within the scope of the easements...

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