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UNITED STATES v. BIRNBACH

Nos. 18846, 18855.

400 F.2d 378 (1968)

UNITED STATES of America, Appellant, v. Leila Brown BIRNBACH, Louise Evans, Peggy Ann Porter, Faith Brown Grice, Kuhl T. Brown, Jr., Kuhl T. Brown, Sr., and Lucile Brown, Appellees. Leila Brown BIRNBACH, Louise Evans, Peggy Ann Porter, Faith Brown Grice, Kuhl T. Brown, Jr., Kuhl T. Brown, Sr., and Lucile Brown, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

September 16, 1968.

Attorney(s) appearing for the Case

Frank B. Friedman, Attorney, Department of Justice, Washington, D. C., for the United States of America; Edwin L. Weisl, Jr., Asst. Atty. Gen., Department of Justice, Washington, D. C., Roger P. Marquis, Attorney, Department of Justice, Washington, D. C., and W. H. McClellan, U. S. Atty., Little Rock, Ark., on the brief.

Leon B. Catlett, Frank B. Catlett & Henderson, Little Rock, Ark., for Leila Brown Birnbach et al.; M. D. Bowers, Little Rock, Ark., on the brief.

Before VOGEL, BLACKMUN and LAY, Circuit Judges.

VOGEL, Circuit Judge.

We are concerned here with an appeal and cross-appeal from a judge's award of $9,475 to landowners in a condemnation proceeding tried to determine the difference in value of the landowners' property before and after the government's taking of a portion thereof. Specifically, the United States appeals from that part of the award representing $5,950 severance damages. The landowners file a cross-appeal, claiming that the trial judge's alternative...

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