Larry Nixon v. AgriBank, FCB

MELLOY, Circuit Judge.

Plaintiffs, successors in title to land located in Van Burén County, Arkansas, brought a declaratory judgment action in Arkansas state court against AgriBank, FCB, seeking to quiet title to oil and gas rights that AgriBank holds in Plaintiffs’ land. AgriBank removed the case to the United States District Court for the Eastern District of Arkansas and thereafter moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). The district court 1 granted the motion, identifying two bases on which to do so: first, that a regulation promulgated by the Farm…