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U. S. v. 478.34 ACRES OF LAND, TRACT NO. 400

No. 76-1706.

578 F.2d 156 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. 478.34 ACRES OF LAND, TRACT NO. 400, by Paul A. and Betty Cook, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1978.

Attorney(s) appearing for the Case

William A. Johnson, Sullivan & Johnson, Taylorsville, Ky., Rose Levada Shipp, Louisville, Ky., for defendants-appellants.

Albert Jones, U. S. Atty., Louisville, Ky., Peter R. Taft, George R. Hyde, Michael A. McCord, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, EDWARDS and MERRITT, Circuit Judges.

MERRITT, Circuit Judge.

Paul and Betty Cook, a farmer and his wife, received a jury award of $101,264 for the taking of their 164 acre farm located in a rural community approximately 30 miles southwest of Louisville. On appeal, they claim the District Court committed two errors on questions of evidence, errors which they say resulted in an inadequate verdict: (1) the District Judge erroneously concluded that there was no likelihood that the Cook's farm could be developed...

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