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HOWARD v. U.S.

No. 94S00-1106-CQ-333.

964 N.E.2d 779 (2012)

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

Supreme Court of Indiana.

March 20, 2012.

Attorney(s) appearing for the Case

Brent W. Baldwin , J. Robert Sears , Baker Sterchi Cowden & Rice, L.L.C., St. Louis, MO, Bryan H. Babb , Alan S. Townsend , Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Plaintiffs.

Ignacia S. Moreno , Assistant Attorney General, David C. Shilton , United States Department of Justice, Environment & Natural Resources Division, Washington, DC, Joseph H. Hogsett , United States Attorney, Southern District of Indiana, Shelese Woods , United States Attorneys Office, Indianapolis, IN, Attorneys for Defendant.

DICKSON, Justice.

The United States Court of Federal Claims has certified for our resolution the following question:

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 acquired by the railroad companies either by prescription, condemnation, or the deed at issue; and if either is not within the scope of the easements originally acquired, is railbanking with interim tr...

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