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JOHN B. HARDWICKE COMPANY v. UNITED STATES

No. 97-68.

467 F.2d 488 (1972)

JOHN B. HARDWICKE COMPANY and Charles E. Pratt v. The UNITED STATES.

United States Court of Claims.

October 13, 1972.

Attorney(s) appearing for the Case

George D. Byfield, Austin, Tex., for plaintiffs; Morgan Hunter, Austin, Tex., attorney of record; C. Morris Davis, and McGinnis, Lochridge & Kilgore, Austin, Tex., of counsel.

Howard O. Sigmond, Washington, D.C., with whom was Asst. Atty. Gen. Kent Frizzell, for defendant.

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

OPINION

NICHOLS, Judge:*

The plaintiffs, John B. Hardwicke Company and Charles E. Pratt, are seeking just compensation under the Fifth Amendment for an alleged taking of a flowage easement by the defendant over approximately 573 acres of a 829.52 acre tract located in the lower Rio Grande Valley of Texas. The alleged taking took place on August 30, 1967. On that date the International Boundary and Water Commission, prompted by...

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