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UNITED STATES v. NORTHERN COLORADO WATER CON. DIST.

Nos. 323-70, 324-70.

449 F.2d 1 (1971)

UNITED STATES of America, Appellant and Appellee, v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT et al., F. E. Yust, Intervenor, Appellee and Appellant.

United States Court of Appeals, Tenth Circuit.

September 9, 1971.

Attorney(s) appearing for the Case

Edmund B. Clark, Atty., Dept. of Justice (Shiro Kashiwa, Asst. Atty. Gen., Walter Kiechel, Jr., Acting Asst. Atty. Gen., James L. Treece, U. S. Atty., and Robert H. Whaley, Atty., Dept. of Justice, with him on the brief), for appellant and appellee.

Willis V. Carpenter, Denver, Colo., for appellee and appellant.

Before HILL and McWILLIAMS, Circuit Judges, and BRATTON, District Judge.

McWILLIAMS, Circuit Judge.

This appeal is from a type of inverse condemnation proceeding wherein the landowner, one F. E. Yust, recovered judgment against the United States in the sum of $10,000. Both the Government and Yust appeal.

This particular controversy is a protracted one, to say the least, the proceeding having been instituted in 1949. Some reference to general background material is essential to an understanding of the matter.

Pursuant to...

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