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UNITED STATES v. 2,186.63 ACRES OF LAND, WASATCH CTY., UTAH

No. 71-1749.

464 F.2d 676 (1972)

UNITED STATES of America, Appellant, v. 2,186.63 ACRES OF LAND, WASATCH COUNTY, UTAH (H. Clay Cummings Estate), et al., Appellees.

United States Court of Appeals, Tenth Circuit.

July 24, 1972.

Attorney(s) appearing for the Case

Peter R. Steenland, Atty., Dept. of Justice, Washington, D. C. (Shiro Kashiwa and Kent Frizzell, Asst. Attys. Gen., C. Nelson Day, U. S. Atty., Salt Lake City, Utah, Edmund B. Clark and Max E. Findley, Attys., Dept. of Justice, with him on brief), for appellant.

Robert S. Campbell, Jr., Salt Lake City, Utah, for appellee Security Title Co., Trustee.

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

PER CURIAM.

This appeal involves the power of the trial court to tax costs against the United States in a condemnation action.

In the trial below, the only issue litigated was the amount to be paid to each of the landowners, portions of whose land were being expropriated for the construction of a dam that was to be part of the Central Utah Water Project. The jury returned a verdict of $185,085.00 as just compensation, and the court entered a Deficiency Judgment...

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