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UNITED STATES v. SOWARDS

No. 8680.

370 F.2d 87 (1966)

UNITED STATES of America, Appellant, v. Leland SOWARDS and Ruth Sowards, his wife, Sarah P. Gibson and J. Lambert Gibson, trustees under the will of J. L. Gibson, deceased, Sarah Adelia Gibson Eccles, W. Carl Sowards and Florence Sowards, his wife, Shirley G. Sowards and Jean Sowards, his wife, Mary L. Underwood, Orval L. Sowards, Vaughn C. Sowards et al., Appellees.

United States Court of Appeals Tenth Circuit.

December 19, 1966.

Attorney(s) appearing for the Case

George R. Hyde, Attorney, Department of Justice, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., William T. Thurman, U. S. Atty., Salt Lake City, Utah, and Roger P. Marquis, Attorney, Department of Justice, Washington, D. C., on the brief), for appellant.

J. Lambert Gibson, Salt Lake City, Utah, for appellees.

Before PICKETT and HICKEY, Circuit Judges, and BRATTON, United States District Judge.

PICKETT, Circuit Judge.

The United States initiated this action in the United States District Court for the District of Utah to condemn the "coal, coal mines and workings" contained in and on 18.18 acres of land in Uintah County, Utah, the surface rights to which the United States had already acquired by negotiated purchase. The issue of just compensation for the coal interests was previously tried to a jury, but the judgment...

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