UNITED STATES v. JOHNSON

No. 22937.

420 F.2d 955 (1970)

UNITED STATES of America, Appellant, v. H. R. JOHNSON and John B. Johnson, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 10, 1970.


Attorney(s) appearing for the Case

Jacques B. Gelin (argued), Raymond N. Zagone, Attys., Shiro Kashiwa, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Wm. M. Byrne, Jr., U. S. Atty., Ernestin Tolin, Asst. U. S. Atty., Los Angeles, Cal., for appellant.

Monta W. Shirley (argued), George W. Nilsson, Los Angeles, Cal., for appellees.

Before HAMLEY, CARTER and KILKENNY, Circuit Judges.


JAMES M. CARTER, Circuit Judge.

The question presented here is whether the compensation fixed in an earlier condemnation action for a taking of use and occupancy of land for a term of years is res judicata in a subsequent condemnation proceeding for another term of years involving the same parties and the same land. We hold it is not.

The land in question is owned by appellees. In 1953, the government brought an action condemning the land for a term...

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