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UNITED STATES v. 1,061.14 ACRES OF LAND, STUTSMAN CTY.

No. 73-1425.

491 F.2d 700 (1974)

UNITED STATES of America, Appellee, v. 1,061.14 ACRES OF LAND, MORE OR LESS, IN STUTSMAN COUNTY, NORTH DAKOTA, and Adolph Roeszler and Mazie Roeszler, Landowners, Appellees, Everetts & Associates, Inc., a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 13, 1974.

Attorney(s) appearing for the Case

Kenneth M. Moran, Jamestown, N. D., for appellant.

Herman Weiss, Jamestown, N. D., for appellee.

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

PER CURIAM.

The Government through condemnation proceedings properly instituted acquired title to and possession of 1,061.14 acres of land, title to which was in Adolph and Mazie Roeszler. The date of taking was March 16, 1971. The Roeszlers in February 1967 had leased some 240 acres of the land here involved which contained gravel deposits to Everetts & Associates, Inc. (Everetts) for a ten-year period with royalty payments of seven cents a ton for sand and gravel...

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