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UNITED STATES v. 421.89 ACRES OF LAND, MORE OR LESS, ETC.

No. 71-1682.

465 F.2d 336 (1972)

UNITED STATES of America, Appellee, v. 421.89 ACRES OF LAND, MORE OR LESS, Situated IN MARION, POLK AND WARREN COUNTIES, STATE OF IOWA, and Orval Kain, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 14, 1972.

Attorney(s) appearing for the Case

Robert E. Dreher, Richard A. Miller, John G. Fletcher, Des Moines, Iowa, for appellants.

Peter R. Steenland, Atty., Dept. of Justice, Washington, D. C., Kent Frizzell, Asst. Atty. Gen., Allen L. Donielson, U. S. Atty., Des Moines, Iowa, George R. Hyde, Thomas L. Adams, Jr., Attys., Dept. of Justice, Washington, D. C., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and HEANEY, Circuit Judges.

VAN OOSTERHOUT, Senior Circuit Judge.

This is an appeal by landowners from final judgment entered September 20, 1971, overruling their objections to the report of the condemnation commission, as amended, and approving the award recommended by the commission and the judgment based upon such award.

The United States commenced this action on February 12, 1968, to acquire for the Red Rock Dam project flowage, levee, road, drainage and borrow pit easements upon...

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