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GARRETT v. UNITED STATES

Nos. 18758, 18799.

407 F.2d 146 (1969)

Julian GARRETT, Loyat Bland Garrett, Neill Garrett and Pearl Garrett, Appellants, v. UNITED STATES of America, Appellee. Julian GARRETT and Loyat Bland Garrett, Appellants, v. UNITED STATES of America, and Jake Klein, d/b/a Klein Coal Company, Delwin S. DeHaan, Helen Vanden Oever, Henrietta Vanden Oever and Edward Henry Vanden, Appellees.

United States Court of Appeals Eighth Circuit.

February 12, 1969.

Attorney(s) appearing for the Case

Bert A. Bandstra, Knoxville, Iowa, for appellants, Neill Garrett, Des Moines, Iowa, and Julian Garrett, Carthage, Mo., were on the briefs.

Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., for appellees, Clyde O. Martz, Asst. Atty. Gen., John G. Gill, Jr., Atty., Dept. of Justice, James P. Rielly, U. S. Atty., Claude H. Freeman, Asst. U. S. Atty., Des Moines, Iowa, were on the brief.

Before VAN OOSTERHOUT, Chief Judge; GIBSON and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

These are consolidated appeals by landowners from final judgments entered in the United States District Court for the Southern District of Iowa in two condemnation cases instituted by the United States to acquire land in Marion County, Iowa, for the Red Rock Reservoir project.

Valuation issues were resolved by condemnation commissioners appointed pursuant to Federal Rule of Civil Procedure 71A(h). Landowners Julian Garrett and wife and...

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