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UNITED STATES v. 883.89 ACRES OF LAND, ETC., STATE OF ARK.

No. 20465.

442 F.2d 262 (1971)

UNITED STATES of America, Appellee, v. 883.89 ACRES OF LAND, MORE OR LESS, Situate IN SEBASTIAN COUNTY, STATE OF ARKANSAS, Peerless Coal Company, et al., and Unknown Owners, Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied June 28, 1971.

Attorney(s) appearing for the Case

Jerry Lee Canfield, Fort Smith, Ark., Daily, West, Core & Coffman, Fort Smith, Ark., by Thomas A. Daily, Fort Smith, Ark., for appellant.

John D. Helm, Atty., Dept. of Justice, Washington, D. C., Walter Kiechel, Jr., Acting Asst. Atty. Gen., Bethel B. Larey, U. S. Atty., Robert E. Johnson, Asst. U. S. Atty., Fort Smith, Ark., George R. Hyde, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before MEHAFFY and HEANEY, Circuit Judges, and MEREDITH, Chief District Judge.

MEREDITH, Chief District Judge.

This is an appeal by the landowner from a judgment in a condemnation proceeding tried before the district judge without a jury. The opinion of the court below is reported in United States v. 883.89 Acres of Land, Etc., Sebastian Co., Ark., 314 F.Supp. 238 (1970). The opinion accurately sets out the facts, the testimony, and the reasons for the court's conclusions. We affirm the judgment of the district...

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