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UNITED STATES v. 114.64 ACRES OF LAND, ETC., STATE OF IDAHO

No. 73-1453.

504 F.2d 1098 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. 114.64 ACRES OF LAND, MORE OR LESS situate IN the COUNTY OF CUSTER, STATE OF IDAHO, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 18, 1974.

Attorney(s) appearing for the Case

John Zimmerman, Atty., Dept. of Justice (argued), Washington, D.C., for plaintiff-appellant.

Louis F. Racine, Jr. (argued), of Racine, Huntley, Herzog & Olson, Pocatello, Idaho, for defendants-appellees.

Before DUNIWAY and TRASK, Circuit Judges, and SMITH, District Judge.

OPINION

PER CURIAM:

This appeal was taken by the United States from a judgment of the District Court granting condemnation of a parcel of real property in Custer County, Idaho, and awarding just compensation therefor. The appeal challenges a ruling of the court which held that the United States by filing the complaint in condemnation waived any right it may have had to rely upon a Land Purchase Option and Contract in which the appellees, as owners, agreed...

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