ARKANSAS ST. HWY. COMM. v. ARKANSAS MIDLAND R.R. CO. (W.D.Ark. 6-16-2009)

ARKANSAS STATE HIGHWAY COMMISSION PLAINTIFF v. 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 DEFENDANTS.

Case No. 09-6033.United States District Court, W.D. Arkansas, Hot Springs Division.
June 16, 2009

ORDER
ROBERT DAWSON, District Judge

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 this case and, being well and sufficiently advised, finds as follows: the report and 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.