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UNITED STATES v. 87.30 ACRES OF LAND, ETC., STATE OF WASH.

No. 23272.

430 F.2d 1130 (1970)

UNITED STATES of America, Appellee, v. 87.30 ACRES OF LAND, MORE OR LESS, Situate IN WHITMAN AND GARFIELD COUNTIES, STATE OF WASHINGTON, Pomeroy Grain Growers, Inc., a Washington Corporation, et al. (Ed and Mary Stueckle, Tracts 418 and 429), Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 17, 1970.

Attorney(s) appearing for the Case

William C. Harrison (argued), Spokane, Wash., for appellants.

Jacques B. Gelin (argued), Raymond Zagone, Atty., Shiro Kashiwa, Atty. Gen. Lands & Natural Resources, Dept. of Justice, Washington, D.C., Dean C. Smith, U. S. Atty., Glen E. Taylor, Asst. Atty. Gen., Robt. M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for appellee.

Before HAMLIN, HAMLEY and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge:

This is a condemnation proceeding by the United States to acquire land in the state of Washington, located on the Snake River, for use in connection with the Little Goose Lock & Dam Project, a part of a comprehensive plan for the development of the Snake and Columbia Rivers.1 Appellants, Mr. & Mrs. Edward Stueckle, were the owners of 2.37 acres of the condemned property. The jury awarded appellants $28...

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