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HARRIS v. UNITED STATES

No. 72-1067.

467 F.2d 801 (1972)

Billy C. HARRIS and Juanita Harris, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 18, 1972.

Attorney(s) appearing for the Case

Pearce, Robinson & McCord, Fort Smith, Ark., for appellants.

Kent Frizzell, Asst. Atty. Gen., Jacques B. Gelin and Dirk D. Snel, Attys., Dept. of Justice, Washington, D. C., Bethel B. Larey, U. S. Atty. and Robert E. Johnson, Asst. U. S. Atty., Fort Smith, Ark., for appellee.

Before VOGEL, VAN OOSTERHOUT, and ROSS, Circuit Judges.

PER CURIAM.

Billy C. Harris and his wife brought this action against the United States under the Tucker Act, 28 U.S.C. § 1346(a) (2), alleging the "taking" by the Government of a 5.1 acre tract of ground near a lock and a dam on the Arkansas River in Sebastian County, Arkansas. The case was tried to the court which determined there had been no taking and entered judgment for the Government. We affirm the judgment of the trial court.

The Harrises purchased...

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