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HAGGART v. U.S.

No. 09-103L.

Daniel and Kathy HAGGART, et al, For Themselves and As Representatives of a Class of Similarly Situated Persons, Plaintiffs, v. UNITED STATES, Defendant.

United States Court of Federal Claims.

May 21, 2014.

Attorney(s) appearing for the Case

DANIEL HAGGART, Plaintiff, represented by Steven Mathew Wald , Baker Sterchi Cowden and Rice, LLC.

KATHY HAGGART, Plaintiff, represented by Steven Mathew Wald , Baker Sterchi Cowden and Rice, LLC.

GORDON ARTHUR WOODLEY, Personal Counsel for Kittinger Deed Claimants, Plaintiff, Pro Se.

USA, Defendant, represented by Bruce Kenneth Trauben , U. S. Department of Justice.

Thomas S. Stewart , Baker Sterchi Cowden & Rice, L.L.C., Kansas City, Missouri, for plaintiffs. With him on the briefs were Elizabeth G. McCulley , Steven M. Wald , and J. Robert Sears , Baker Sterchi Cowden & Rice, L.L.C., St. Louis, Missouri, and Kansas City, Missouri.

Bruce K. Trauben , Trial Attorney, Natural Resources Section, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for defendant. With him on the briefs was Robert G. Dreher , Acting Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.

OPINION AND ORDER

CHARLES F. LETTOW, Judge.

This rails-to-trails class action is before the court on the parties' Joint Motion for Approval of Settlement and plaintiffs' Motion for Court Approval of Fees and Proposed Division of the Common Fund. Plaintiffs are more than 500 landowners who allege a taking of their land by the federal government when the Surface Transportation Board issued Notices of Interim Trail Use ("NITUs") relating to three segments of...

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