CARNEY v. UNITED STATES

No. 529-71.

462 F.2d 1142 (1972)

Forrest L. CARNEY et al. v. The UNITED STATES.

United States Court of Claims.

July 14, 1972.


Attorney(s) appearing for the Case

Forrest L. Carney, Eunice M. St. John and James H. Morrison, pro se.

Joseph J. Leahy, Land and Natural Resources Division, Dept. of Justice, and Thomas L. McKevitt, Dept. of Justice, Washington, D. C., with whom was Asst. Atty. Gen. Kent Frizzell, for defendant.

Before COWEN, Chief Judge, LARAMORE and DURFEE, Senior Judges, and DAVIS, SKELTON, NICHOLS and KUNZIG, Judges.


OPINION

PER CURIAM:

This pro se petition is brought under 28 U.S.C. § 1491 and F.R.C.P. Rule 60(b). Plaintiffs allege they were owners of mining claims, that defendant built a dam and flooded their property, and thereafter filed a declaration of taking with a suit to condemn the property, brought in the United States District Court, District of Utah. Because of fraud on the court and misconduct of plaintiffs' then attorney, plaintiffs were awarded...

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