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UNITED STATES v. 677.50 ACRES OF LAND IN MARION COUNTY, KAN.

No. 95-68.

420 F.2d 1136 (1970)

UNITED STATES of America, Appellant, v. 677.50 ACRES OF LAND IN MARION COUNTY, KANSAS; Katherine E. Vogel, et al., and Unknown Owners; 864.04 Acres of Land in Marion County, Kansas; Donald D. Hollar, et al., and Unknown Owners; 150.00 Acres of Land in Marion County, Kansas; L. C. Crowe, et al., and Unknown Owners (Clear Creek, Inc.), Appellees.

United States Court of Appeals Tenth Circuit.

January 13, 1970.

Attorney(s) appearing for the Case

Jacques B. Gelin, Atty., Dept. of Justice (Glen E. Taylor, Acting Asst. Atty. Gen., Raymond N. Zagone, Atty., Dept. of Justice, Washington, D. C., Benjamin E. Franklin, U. S. Atty., and Patrick K. Monahan, Asst. U. S. Atty., Topeka, Kan., on the brief) for appellant.

William L. Oliver, Wichita, Kan. (Martin, Porter, Pringle, Schell & Fair, Wichita, Kan., on the brief) for appellees.

Before LEWIS and HILL, Circuit Judges, and LANGLEY, District Judge.

HILL, Circuit Judge.

This is an appeal by the United States from a judgment and order of the District Court of Kansas confirming a Rule 71A(h), F.R.Civ.P., 28 U.S.C.A., Commission's award and distribution order in favor of appellee Clear Creek, Inc. Two narrow questions form the basis of the appeal: (1) in the process of condemning land for the Marion Dam and Reservoir Project, was a compensable interest of Clear Creek, Inc., taken; and (2) did the district court...

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