Arkansas State Highway Commission v. Arkansas Midland Railroad Co., Inc. et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 for 4 Motion to Vacate filed by Arkansas Midland Railroad Co.; Granting 5 MOTION to Strike filed by Missouri Pacific Railroad Company, 4 MOTION to Vacate filed by Arkansas Midland Railroad Co., Inc.. Signed by Honorable Robert T. Dawson on June 16, 2009. (dmc) Modified on 6/16/2009 edit text (dmc).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION ARKANSAS STATE HIGHWAY COMMISSION v. Case No. 09-6033 PLAINTIFF

ARKANSAS MIDLAND RAILROAD CO., INC.; MISSOURI PACIFIC RAILROAD COMPANY n/k/a UNION PACIFIC RAILROAD COMPANY; 0.45 ACRE, more or less of certain land in Hot Springs County, Arkansas; and ANY PERSONS OR ENTITIES CLAIMING ANY INTEREST THEREIN ORDER

DEFENDANTS

Now on this 16th day of June 2009, there comes on for consideration the report and recommendation filed herein on May 26, 2009 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 17). No

objections were filed to the report and recommendation. The Court has reviewed finds this as case and, being the well and and

sufficiently

advised,

follows:

report

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Defendant Arkansas Midland Railroad Co.,

Inc.'s Motion To Strike and Vacate Order of Possession (Doc. 4) and Defendant Union Pacific Railroad Company's filed a Motion to Strike Declaration of Taking and Motion to Set Aside Order of Possession (Doc. 5) are GRANTED. The Declaration of Taking and Order of

Possession are therefore vacated and stricken from the record. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge