United States Federal Circuit

Plaintiffs' class action lawsuit seeking compensation for an alleged taking, pursuant to the National Trail Systems Act, is dismissed where the claim is barred by the statute of limitations.

Appellate Information

• Decided 12/14/2004
• Published 12/14/2004

Judges

• DYK, Circuit Judge., Before NEWMAN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey O. Bramlett, Bondurant, Mixson & Elmore, LLP, of Atlanta, Georgia, argued for plaintiffs-appellants.   With him on the brief were Benjamin E. Fox and Sarah M. Shalf.   Of counsel on the brief was James P. Kelly, Kelly Law Firm, P.C., of Atlanta, Georgia.


• For Appellees:
  
• Kathryn E. Kovacs, Attorney, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Thomas L. Sansonetti, Assistant Attorney General;  John Smeltzer, Attorney, of Washington, DC;  and Kristine S. Tardiff, Trial Attorney, General Litigation Section, of Concord, New Hampshire.   Of counsel on the brief was Evelyn Kitay, Office of the General Counsel, Surface Transportation Board, of Washington, DC.