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UNITED STATES v. 22.95 ACRES OF LAND, WHITMAN CO., WASH.

No. 24757.

450 F.2d 125 (1971)

UNITED STATES of America, Appellant, v. 22.95 ACRES OF LAND, MORE OR LESS, Situate IN WHITMAN COUNTY, STATE OF WASHINGTON, Almota Farmers Elevator and Warehouse Company, a Washington Corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 9, 1971.

Attorney(s) appearing for the Case

Jacques B. Gelin (argued), S. Billingsley Hill, Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., Dean C. Smith, U. S. Atty., Robert M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for appellant.

Lawrence Hickman (argued), of Hickman & Faris, Colfax, Wash., for appellees.

Before MADDEN, Judge, United States Court of Claims, and KOELSCH and CHOY, Circuit Judges.

J. WARREN MADDEN, Judge, Court of Claims.

This is an appeal from a judgment rendered in the United States District Court in a condemnation action. This court's jurisdiction of the appeal rests on Title 28 U.S.Code, § 1291. The District Court rendered judgment for Almota Farmers Elevator and Warehouse Company, "Almota", in the amount of $274,625.00. The United States, the condemnor, appeals, urging that the judgment should have been in the amount of $130,000.00...

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