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UNITED STATES v. 11.74 ACRES OF LAND, MORE OR LESS, IN DOUGLAS COUNTY, STATE OF NEBRASKA

No. 74-1799.

515 F.2d 1020 (1975)

UNITED STATES of America, Appellee, v. 11.74 ACRES OF LAND, MORE OR LESS, Situated IN DOUGLAS COUNTY, STATE OF NEBRASKA, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 6, 1975.

Attorney(s) appearing for the Case

Thomas R. Wolff, Omaha, Neb., for appellants.

William K. Schaphorst, U. S. Atty., Omaha, Neb., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, ROSS, Circuit Judge, and TALBOT SMITH, Senior District Judge.

PER CURIAM.

The basic issue presented by this appeal is whether the district court erred in determining that 11.74 acres of land owned by the Harders, known as Tract 103-2, was probably within the scope of Project 16, Papillion Creek and Tributaries Lakes. The significance of the determination of this issue is that under United States v. Miller, 317 U.S. 369, 63 S.Ct. 276, 87 L.Ed. 336 (1943), the landowner in the condemnation proceedings...

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