Free Notice (Other) - District Court of Federal Claims - federal

Case 1:01-cv-00718-ECH

Document 40

Filed 02/22/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) RON AND BETTY BLENDU, et al., ) ) Plaintiffs, ) No. 01-718 L v. ) ) Judge Emily C. Hewitt UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) NOTICE OF DECISION IN HASH v. UNITED STATES The parties jointly file this notice to inform the Court that, on February 1, 2007, a Memorandum Decision was issued by Magistrate Judge Williams in the related case of Hash v. United States, No. CV-99-324-S-MHW. In this decision, the District Court denied the defendant's motion for summary judgment and granted the plaintiffs' motion for summary judgment with respect to the question of liability involving those segments of the subject rightof-way that were originally acquired by the Railroad over public lands pursuant to the General Railroad Right-of-Way Act of March 3, 1875, ch. 152, 18 Stat. 482 (codified as 43 U.S.C. §§ 934-939 (1982)). A copy of the decision is attached for this Court's reference. // // // // // //

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Case 1:01-cv-00718-ECH

Document 40

Filed 02/22/2007

Page 2 of 2

Dated: February 22, 2007 Respectfully submitted, MATTHEW J. MCKEOWN Acting Assistant Attorney General Environment & Natural Resources Division s/ Lary C. Walker LARY C. WALKER WALKER LAW OFFICE 232 East Main Post Office Box 828 Weiser, ID 83672 TEL: (208) 414-0390 FAX: (208) 414-0404 E-MAIL: [email protected] Attorney for Plaintiffs s/ Kristine S. Tardiff KRISTINE S. TARDIFF United States Department of Justice Environment & Natural Resources Division Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 TEL: (603) 230-2583 FAX: (603) 225-1577 E-MAIL: [email protected] Attorney for Defendant

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