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HUNTER v. UNITED STATES

No. 324-58.

283 F.2d 874 (1960)

Guy M. HUNTER and Florence L. Hunter, His Wife v. UNITED STATES. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Third Party Defendant.

United States Court of Claims.

December 1, 1960.

Attorney(s) appearing for the Case

Peyton Ford, Washington, D. C., for third-party defendant. Thomas J. Bennett, Frankfort, Ky., on the briefs.

Herbert Pittle, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for defendant.

MADDEN, Judge.

The plaintiffs sue the United States for the taking of their property without compensation. They allege that they were the owners of a clear water lake in the town of San Marcial, New Mexico; that they operated the property as a resort for fishing and wild fowl hunting and boating; that the United States in the course of carrying out a public project on the nearby Rio Grande River caused the heavily silted water of that river to be turned into the plaintiffs...

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