GRIFFIOEN v. CEDAR RAPIDS AND IOWA CITY RY. CO.

No. 13-3170.

785 F.3d 1182 (2015)

Mark GRIFFIOEN, individually and on behalf of all others similarly situated; Joyce Ludvicek, individually and on behalf of all others similarly situated; Mike Ludvicek, individually and on behalf of all others similarly situated; Sandra Skelton, individually and on behalf of all others similarly situated; Brian Vanous, individually and on behalf of all others similarly situated, Plaintiffs-Appellants v. CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY; Alliant Energy Corporation; Union Pacific Railroad Company; Union Pacific Corporation; Hawkeye Land Co.; Hawkeye Land II Co.; Hawkeye Land NFG, Inc.; Stickle Enterprises, Ltd.; Midwestern Trading, Inc.; Midwest Third Party Logistics, Inc., also known as Midwest 3PL; Stickle Grain Co.; Stickle Warehousing, Inc.; Rick Stickle; Marsha Stickle, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 7, 2015.


Attorney(s) appearing for the Case

Russell George Petti , argued, La Canada, CA, ( Curtis Brooks Cutter , Eric J. Ratinoff , John R. Parker, Jr. , Sacramento, CA, Sam Sheronick, Cedar Rapids, IA, Amy E. Keller , Chicago, IL, on the brief), for Plaintiffs-Appellants.

Alice Elizabeth Loughran , argued, Washington, DC, ( Charles Thomas Hvass, Jr. , David Donna , Minneapolis, MN, Bruce E. Johnson , West Des Moines, IA, Charles Glaston Cole , Washington, DC, on the brief), for Union Pacific Railroad Company and Union Pacific Corporation.

Eric D. Miller , argued, Seattle, WA, ( John Michael Devaney , Washington, DC, Rhett P. Martin , David E. Jones , Madison, WI, on the brief), for Cedar Rapids and Iowa City Railway Company and Alliant Energy Corporation.

Jeffrey C. McDaniel , argued, Rock Island, IL, for Hawkeye Land, Co., Hawkeye Land II Co., Hawkeye Land NFG, Inc., Stickle Enterprises, Ltd., Midwestern Trading, Inc., Midwest Third Party Logistics, Inc., a/k/a Midwest 3PL, Stickle Grain Co., Stickle Warehousing, Inc., Rick Stickle and Marshal Stickle's.

Before RILEY, Chief Judge, WOLLMAN and BYE, Circuit Judges.


Mark Griffioen, Joyce and Mike Ludvicek, Sandra Skelton, and Brian Vanous (collectively, the Griffioen Group) filed an action seeking recovery for property damage that occurred during the June 2008 flooding of the Cedar River. They now appeal from the district court's order and judgment denying their motion to remand the...

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