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UNITED STATES v. POPE & TALBOT, INC.

No. 16801.

293 F.2d 822 (1961)

UNITED STATES of America, Appellant, v. POPE & TALBOT, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 2, 1961.

Attorney(s) appearing for the Case

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, A. Donald Mileur, Attys., Dept. of Justice, Washington, D. C., Clarence E. Luckey, U. S. Atty., Portland, Or., for appellant.

Mautz, Souther, Spaulding, Kinsey & Williamson and John L. Schwabe and James B. O'Hanlon, Portland, Or., and John E. Jaqua, Eugene, Or., for appellee.

Before JERTBERG, MERRILL and KOELSCH, Circuit Judges.

MERRILL, Circuit Judge.

The United States appeals from an award of compensation for lands of Pope & Talbot, Inc., taken in eminent domain. It contends that in two respects the jury improperly was invited to take into consideration elements of severance damage as to which Pope & Talbot was not entitled to compensation.

The proceeding is for the condemnation of 1,454.10 acres of timberland located in Lane County, Oregon, for use in connection with the...

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