DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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102425P.pdf 11/15/2011 Linn Farms and Timber Limited v. Union Pacific Railroad Co.
U.S. Court of Appeals Case No: 10-2425
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit Judges]
Civil case. When notices to the Missouri Pacific Railroad were returned
" Not Deliverable"the Arkansas Commissioner of State Lands should have
taken reasonable additional steps to notify Union Pacific, with whom
Missouri Pacific had merged, of an impending forfeiture of mineral lease
rights; a number of reasonable additional steps to provide notice were
available to the Commissioner, and the notice provided was therefore
inadequate; as a result of the inadequate notice, the forfeiture of Union
Pacific's rights and the sale of those mineral rights to plaintiff was done in
violation of Union Pacific's due process rights and was invalid. Judge
Colloton, dissenting.