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HARTWIG v. UNITED STATES

No. 177-72.

485 F.2d 615 (1973)

Conrad HARTWIG and Donald Stricker, on their own behalf and on behalf of all persons similarly situated v. The UNITED STATES.

United States Court of Claims.

October 17, 1973.

Attorney(s) appearing for the Case

James D. Hutchinson, Washington, D. C., for plaintiffs. Robert P. Chaloupka, Scottsbluff, Neb., attorney of record for plaintiffs. Van Steenberg, Brower & Chaloupka, Scottsbluff, Neb., Michael J. Malley, and Steptoe & Johnson, Washington, D. C., of counsel.

John E. Lindskold, Washington, D. C., with whom was Asst. Atty. Gen. Wallace H. Johnson, for defendant.

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

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT*

BENNETT, Judge.

The plaintiffs in this taking case are the owner and lessee, respectively, of a tract of land located along the North Platte River in Scotts Bluff County, Nebraska. The river is a non-navigable stream. The plaintiffs are alleging, on their own behalf and on behalf of others similarly situated, that the operation of a series...

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