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UNITED STATES v. BENNING

Nos. 18557-18559, 18630.

330 F.2d 527 (1964)

UNITED STATES of America, Appellant, v. A. R. BENNING et al., Appellees. UNITED STATES of America, Appellant, v. John H. DUNSHEE et al., Appellees. UNITED STATES of America, Appellant, v. V-R RANCH COMPANY, a corporation, Appellee. UNITED STATES of America, Appellant, v. Dorothy D. BATTIN, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 11, 1964.

Attorney(s) appearing for the Case

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, Elizabeth Dudley and Richard N. Countiss, Attys., Dept. of Justice, Washington, D. C., and Richard J. Dauber, Asst. U. S. Atty., Los Angeles, Cal., for appellant.

Angell, Adams, Gochnauer, Elder & Holmes, Philip H. Angell, and Mose Silverman, San Francisco, Cal., and Louis Le Baron, Honolulu, Hawaii, for appellees A. R. Benning, and others and John H. Dunshee and others.

Price, Postel & Parma and Robert M. Jones, Santa Barbara, Cal., Angell, Adams, Gochnauer, Elder & Holmes, and Philip H. Angell and Mose Silverman, San Francisco, Cal., for appellee Dorothy D. Battin.

Anson, Gleaves & Larson and John B. Anson, Los Angeles, Cal., for appellee V-R Ranch Co.

Before HAMLEY, HAMLIN and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

In these four condemnation cases the District court has, over objections of the United States, affirmed the report and findings of the Commission to which the issue of just compensation had been referred pursuant to Rule 71A(h), F.R. Civ.P. In each case the United States has appealed. Since substantially the same problem is presented by each appeal, the cases were consolidated for argument.

Three of the cases — Benning, Dunshee...

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