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UNITED STATES v. 55.22 ACRES OF LAND, ETC., YAKIMA CO., WASH.

No. 22368.

411 F.2d 432 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. 55.22 ACRES OF LAND, MORE OR LESS, IN YAKIMA COUNTY, WASHINGTON, et al., Defendants, William J. Fox, Jr., et ux., Defendants-Appellants.

United States Court of Appeals Ninth Circuit.

May 21, 1969.

Attorney(s) appearing for the Case

Kenneth C. Hawkins (argued), Yakima, Wash., for defendants-appellants.

Robert S. Lynch (argued), Roger P. Marquis, John G. Gill, Attys., Clyde O. Martz, Asst. Atty. Gen., Washington, D. C., Smithmoore P. Myers, U. S. Atty., Spokane, Wash., Ronald R. Hull, Asst. U. S. Atty., Yakima, Wash., for plaintiff-appellee.

Before MADDEN, Judge of the United States Court of Claims, and HAMLEY and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge:

This is a condemnation proceeding instituted by the United States to acquire land in Yakima County, Washington, for the construction of an interstate highway. Mr. and Mrs. William J. Fox, Jr., hereinafter collectively referred to as "Fox," were the owners of the condemned parcel of land. The Fox tract consisted of approximately 6.77 acres, of which the Government took fee simple title to 6.12 acres and a perpetual easement covering .031 acres...

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