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UNITED STATES v. 45,131.44 ACRES OF LAND, ETC., STATE OF COLO.

No. 524-70.

446 F.2d 24 (1971)

UNITED STATES of America, Appellant, v. 45,131.44 ACRES OF LAND, MORE OR LESS, IN EL PASO, FREMONT AND PUEBLO COUNTIES, STATE OF COLORADO, Tracts Nos. 403 and 428, General Refractories Company and Pueblo Quarries, Inc., Appellees.

United States Court of Appeals, Tenth Circuit.

July 28, 1971.

Attorney(s) appearing for the Case

George R. Hyde, Atty., Dept. of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., Edmund B. Clark, B. Richard Taylor, and Stanley Fineman, Attys., Dept. of Justice, with him on the brief), for appellant.

Walter A. Steele, Denver, Colo. (Kenney, Stevens, Clark & Semple, and Henry W. Fulton, Jr., Pittsburgh, Pa., and Winner, Berge, Martin & Clark, Denver, Colo., with him on the brief), for appellees.

Before HILL, SETH, and COFFIN, Circuit Judges.

SETH, Circuit Judge.

This is an appeal by the government from a jury award in a condemnation case in the amount of $1,250,000.00. The government began condemnation proceedings to expand the Fort Carson Military Base near Colorado Springs, Colorado, and among other tracts took the fee to 592.71 acres of land owned in various interests by the defendants. The land at the time of taking was being actively mined for refractory clay, and a large deposit of such clay was...

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