UNITED STATES v. HERRERO

No. 23004.

416 F.2d 945 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Carmen O. HERRERO et al., Defendants-Appellants.

United States Court of Appeals Ninth Circuit.

September 3, 1969.


Attorney(s) appearing for the Case

Finton J. Phelan, Jr. (argued) and Edward S. Terlaje (argued), of Terlaje & Torres, Arriola, Bohn & Dierking, Reyes & Lamorena, Ramon V. Diaz, Fred E. Bordallo, Agana, Guam, for appellants.

William M. Cohen (argued), Shiro Kashiwa, Asst. Atty. Gen., Edmund B. Clark, Fran McAnear, Attys., Dept. of Justice, Washington, D. C., James P. Alger, U. S. Atty., Benjamin H. Kelly, Asst. U. S. Atty., Agana, Guam, for appellee.

Before MERRILL and CARTER, Circuit Judges, and POWELL, District Judge.


MERRILL, Circuit Judge:

This appeal is from judgment of condemnation of lands in Guam. Following eminent domain proceedings instituted by the Government a declaration of taking was filed pursuant to 40 U.S.C. § 258a on March 30, 1965. At issue is the date of taking: whether it should be the date of the filing of declaration or an earlier date. The judgment fixes compensation on the basis of a taking on July 1, 1962. Appellants contend that compensation should...

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