Arkansas State Highway Commission v. Arkansas Midland Railroad Co., Inc. et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations; Denying as moot 6 Motion to Dismiss filed by Arkansas Midland Railroad Co., Inc.. Signed by Honorable Robert T. Dawson on June 16, 2009. (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
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. 18). No
objections were filed to the report and recommendation. The Court has reviewed finds this as case and, being the well and and
recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Defendant Arkansas Midland Railroad Co.,
Inc.'s Motion to Dismiss (Doc. 6) is DENIED as moot, without prejudice to filing such other dispositive motion pursuant Federal Rule of Civil Procedure 12 or other authority, as is appropriate. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge
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