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JENSEN v. UNITED STATES

Nos. 52-58, 53-58, 58-58, 66-58.

305 F.2d 444 (1962)

S. K. JENSEN and Ethel B. Jensen v. The UNITED STATES. Opal L. JONES, Executrix of the Estate of Carrie Carlton, a/k/a Catherine Carlton; Franklin S. Carlton, Opal L. Jones; Mona Marie Eyestone; and Vann V. Jones v. The UNITED STATES. Walter R. BURDGE and Winston S. Wheeler, Co-Trustees v. The UNITED STATES. Walter R. BURDGE and Winston S. Wheeler, Co-Trustees v. The UNITED STATES. C. A. McCLAUGHRY and Edith M. McClaughry v. The UNITED STATES.

United States Court of Claims.

July 18, 1962.

Attorney(s) appearing for the Case

George B. Powers, Wichita, Kan., for plaintiffs. Foulston, Siefkin, Schoeppel, Bartlett & Powers, Wichita, Kan., were on the briefs.

Herbert Pittle, Washington, D. C., with whom was Ramsey Clark, Asst. Atty. Gen., for defendant.

DAVIS, Judge.

These four related cases, tried as one, in which the plaintiffs sue for just compensation for the taking of avigation easements over their properties require us to decide (a) whether the plaintiffs' claims are barred by limitations as having accrued more than six years before the filing of the petitions, and (b) if not, what is the diminution in value attributable to the taking. The Government does not deny that a taking occurred and implicitly concedes...

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