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UNITED STATES v. 31.45 ACRES OF LAND, WHITMAN CTY., WASH.

Civ. Nos. 3744, 3745.

376 F.Supp. 1277 (1974)

UNITED STATES of America, Plaintiff, v. 31.45 ACRES OF LAND, WHITMAN COUNTY, WASHINGTON, and J. B. Evans, et ux., et al., Defendants. UNITED STATES of America, Plaintiff, v. 43.50 ACRES OF LAND, WHITMAN COUNTY, WASHINGTON, and Carol Jean Wilson, et al., Defendants.

United States District Court, E. D. Washington.

May 28, 1974.

Attorney(s) appearing for the Case

Dean C. Smith, U. S. Atty., F. Terrence Flannery, Asst. U. S. Atty., Spokane, for plaintiff.

Minnick & Hayner, Walla Walla, Wash., for defendants.

MEMORANDUM OPINION AND ORDER

NEILL, Chief Judge.

The Government seeks by a motion in limine to restrict respondents' evidence at trial as to just compensation. Specifically, the Government, under the aegis of United States v. Miller, 317 U.S. 369, 63 S.Ct. 276, 87 L.Ed. 336 (1943), asks that respondents be prohibited from including as an element of value of the land herein taken...

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