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UNITED STATES v. 1,955.00 ACRES OF LAND, ETC., KAN. (TR. NO. 548)

No. 182-70.

447 F.2d 673 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. 1,955.00 ACRES OF LAND IN GEARY AND RILEY COUNTIES, KANSAS (TRACT NO. 548) et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 31, 1971.

Attorney(s) appearing for the Case

Dirk D. Snel, Atty., Department of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., Robert J. Roth, U. S. Atty., Roger K. Weatherby, Asst., U. S. Atty., Topeka, Kan., and Edmund B. Clark, Atty., Department of Justice, on the brief), for plaintiff-appellee.

William A. Collet, Kansas City, Mo., for defendants-appellants.

Before LEWIS, Chief Judge, and JOHNSEN, and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

The Government condemned 400 acres of land in fee in Geary and Riley Counties, Kansas, for an expansion of Fort Riley. A Commission was appointed by the District Court under Rule 71A(h), F.R.Civ.P., and it made an award of $88,110 for the taking. The report was adopted by the Court and objections of the landowners on several grounds were overruled and judgment was entered based on the report. The landowners' sole contention on appeal is that...

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