UNITED STATES v. 3,698.63 ACRES OF LAND, ETC., NORTH DAKOTA

Nos. 19562, 19563.

416 F.2d 65 (1969)

UNITED STATES of America, Appellant, v. 3,698.63 ACRES OF LAND, MORE OR LESS, Situate IN BURLEIGH, EMMONS AND MORTON COUNTIES, STATE OF NORTH DAKOTA, and Anton Tschida, et al., and Unknown Owners. Heirs of Herbert Lang, Deceased, Ralph E. Lang and Walter Lang, Appellees. UNITED STATES of America, Appellant, v. 2,134.46 ACRES OF LAND, MORE OR LESS, Situate IN BURLEIGH AND MORTON COUNTIES, STATE OF NORTH DAKOTA and Herman Bliese, et al., and Unknown Owners. Alex W. MacLean, Robert B. MacLean, William V. MacLean and Pauline M. MacLean, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 30, 1969.


Attorney(s) appearing for the Case

George R. Hyde, Attorney, Department of Justice, Washington, D. C., for appellant; Glen E. Taylor, Acting Asst. Atty. Gen., and Roger P. Marquis, Attorney, Dept. of Justice, Washington, D. C., and Eugene K. Anthony, U. S. Atty., Fargo, N. D., on the brief.

Robert Vogel, of Vogel, Bair & Graff, Mandan, N. D., for appellees; Robert Chesrown, Linton, N. D., on the brief.

Before MATTHES, GIBSON and BRIGHT, Circuit Judges.


BRIGHT, Circuit Judge.

On these appeals, we are asked to overturn jury awards in land condemnations which exceed estimates of damages submitted by qualified land appraisers but which are less than evaluations of loss as testified by owners.

The United States, as condemnor, appeals separately from two judgments entered in eminent domain proceedings relating to land taken for the Oahe Dam and Reservoir on the Missouri River. Though the dam is located north of...

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