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UNITED STATES v. 2,187.43 ACRES OF LAND, ARK.

Nos. 71-1486, 71-1487.

461 F.2d 938 (1972)

UNITED STATES of America, Appellee, v. 2,187.43 ACRES OF LAND, MORE OR LESS, Situate IN ST. FRANCIS COUNTY, ARKANSAS, and E. Butler and Louis B. Jones, Appellants, and Unknown Owners. UNITED STATES of America, Appellee, v. 2,187.43 ACRES OF LAND, MORE OR LESS, Situate IN ST. FRANCIS COUNTY, ARKANSAS, et al., Appellants, and Unknown Owners.

United States Court of Appeals, Eighth Circuit.

Decided June 16, 1972.

Attorney(s) appearing for the Case

E. J. Butler, Butler & Hicky, Forrest City, Ark., for appellants.

Dirk D. Snel, Atty., Department of Justice, Washington, D. C., Kent Frizzell, Asst. Atty. Gen., W. H. Dillahunty, U. S. Atty., Walter G. Riddick, James G. Mixon, Asst. U. S. Attys., Little Rock, Ark., George R. Hyde, Atty., Department of Justice, Washington, D. C., for appellee.

Before LAY, BRIGHT, and ROSS, Circuit Judges.

PER CURIAM.

Landowners appeal from jury verdicts aggregating $144,000 for the taking of flowage easements on five tracts of land, comprising a total of 2,187.43 acres, in a river basin floodway project. The landowners contend that the trial court erred in denying their motion for appointment of a commission pursuant to Rule 71A(h), Federal Rules of Civil Procedure, to determine the issue of compensation; that it erred in permitting Government appraisers to testify...

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