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EYHERABIDE v. UNITED STATES

No. 95-60.

345 F.2d 565 (1965)

Dominic EYHERABIDE, Jean M. Eyherabide, Raymond Castanchoa and Marie Castanchoa v. The UNITED STATES.

United States Court of Claims.

May 14, 1965.

Attorney(s) appearing for the Case

Stephen Eyherabide, Bakersfield, Cal., for plaintiffs. Mack, Bianco, King & Eyherabide, Bakersfield, Cal., of counsel.

Kenneth H. Masters, Washington, D. C., with whom was Acting Asst. Atty. Gen., J. Edward Williams, for defendant.

Before LARAMORE, Acting Chief Judge, DURFEE, DAVIS and COLLINS, Judges, and WHITAKER, Senior Judge.

DAVIS, Judge.

The owners of a small tract adjacent to, and surrounded on three sides by, the Navy's Mojave Gunnery Range "B" sue for just compensation for the temporary taking of their property from 1954 through 1959.1 There were no formal proceedings to seize or acquire rights in this land, and defendant denies that it intended to exercise the power of eminent domain, but plaintiffs urge that...

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