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UNITED STATES v. FULLER

No. 23932.

442 F.2d 504 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. Chester FULLER and Maxine Fuller (939.62 acres of land, more or less, situated in Yuma and Mohave Counties, State of Arizona), Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 23, 1971.

Attorney(s) appearing for the Case

Edmund B. Clark (argued), Dept. of Justice, Washington, D. C., Richard Burke, U. S. Atty., Richard S. Alleman, Asst. U. S. Atty., Shiro Kashiwa, Asst. Atty. Gen., Phoenix, Ariz., for plaintiff-appellant.

Frank Burch (argued), of Kramer, Roche, Burch, Streich & Cracchiolo, Phoenix, Ariz., for defendants-appellees.

Before ELY, WRIGHT and KILKENNY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This is an appeal in a condemnation action from judgment entered on a jury verdict fixing $350,000 as just compensation for the taking of two tracts totalling 920 acres. This court has jurisdiction under 28 U.S.C. § 1291. On appeal by the United States, we affirm.

The land taken was used by the landowners, Mr. and Mrs. Fuller, as part of a 44,768-acre ranch operation composed...

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