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UNITED STATES v. 1,053.27 ACRES OF LAND IN OSAGE CO., KAN.

No. 598-69.

446 F.2d 1234 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. 1,053.27 ACRES OF LAND IN OSAGE COUNTY, KANSAS (Tracts Nos. 109 and 118, Harold E. and Mary J. Tobler), Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 27, 1971.

Attorney(s) appearing for the Case

Raymond N. Zagone, Atty., Department of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., Robert J. Roth, U. S. Atty., Elmer Hoge, Asst. U. S. Atty., Topeka, Kan., and Gerald D. Secundy, Atty., Department of Justice, Washington, D. C., on the brief), for appellant.

William A. Collet, Kansas City, Mo. (Sloan R. Wilson, Kansas City, Mo., on the brief), for appellees.

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

HOLLOWAY, Circuit Judge.

This is an appeal by the Government from a judgment adopting a Commission's report and award in a condemnation proceeding. The Government's essential objection on the appeal is to the Commission's limitation on the proof by the parties to four comparable sales for each side, and the resulting exclusion of proof of three additional sales offered by the Government. The Commission's ruling was in furtherance of an instruction of the Court to...

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