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UNITED STATES v. 58.16 ACRES OF LAND, ETC.

No. 72-1220.

478 F.2d 1055 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. 58.16 ACRES OF LAND, MORE OR LESS, Situated IN CLINTON COUNTY, STATE OF ILLINOIS, and George Cooley, et al., and unknown owners, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1973.

Rehearing Denied June 14, 1973.

Attorney(s) appearing for the Case

Paul P. Waller, Jr., Belleville, Ill., for defendants-appellants.

Kent Frizzell, Asst. Atty. Gen., Glen R. Goodsell, Atty., Dept. of Justice, Washington, D. C., Henry A. Schwarz, U. S. Atty., E. St. Louis, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, FAIRCHILD, Circuit Judge, and CAMPBELL, Senior District Judge.

SWYGERT, Chief Judge.

This appeal concerns the extent a landowner may question the taking of his property by the federal government in the exercise of its power of eminent domain and when that question may be raised, what procedural rights are afforded the landowner, and finally, the appealability of an order denying a challenge of the United States' right to take when that order precedes a determination of just compensation.

On June 30, 1971 the United States...

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