UNITED STATES v. 201.19 ACRES OF LAND, ETC.

No. 26918.

478 F.2d 1042 (1973)

UNITED STATES of America, Appellee, v. 201.19 ACRES OF LAND, MORE OR LESS, IN GRAYS HARBOR COUNTY, STATE OF WASHINGTON, SIMPSON TIMBER COMPANY, et al., and unknown owners, Appellants.

United States Court of Appeals, Ninth Circuit.

May 14, 1973.


Attorney(s) appearing for the Case

Dale E. Kremer (argued), Ryan, Carlson, Bush, Swanson & Hendel, Seattle, Wash., for appellants.

Carl Strass, Washington, D. C. (argued), Stan Pitkin, U. S. Atty., Shiro Kashiwa, Asst. U. S. Atty., Kent Frizzell, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Jerald Olson, Asst. U. S. Atty., Seattle, Wash., Ronald R. Hull, Asst. U. S. Atty., Tacoma, Wash., Dirk Snel, Robert S. Lynch, App. Section, Dept. of Justice, Washington, D. C., for appellee.

Before ELY, WRIGHT and WALLACE, Circuit Judges.


OPINION

ELY, Circuit Judge:

Simpson Timber Company ("Simpson") appeals from a condemnation award of $51,408.00. It vigorously asserts that this sum inadequately compensates for the taking by the United States of a "permanent and exclusive" easement through timber lands located adjacent to the Olympic National Forest in the State of Washington.

In support of its timbering activities conducted on the Olympic Peninsula, Simpson founded a company town...

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