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UNITED STATES v. 158.24 ACRES OF LAND, IN BEE CTY.

No. 74-2361.

515 F.2d 230 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. 158.24 ACRES OF LAND, MORE OR LESS, situate IN BEE COUNTY, TEXAS, et al., Defendants, R. J. Welder, Jr., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 6, 1975.

Attorney(s) appearing for the Case

Allen Wood, Corpus Christi, Tex., for R. J. Welder, Jr.

Edward McDonough, Jr., U. S. Atty., Winston Crowder, James R. Gough, W. Palmer Kelly, Asst. U. S. Attys., Houston, Tex., Wallace H. Johnson, George R. Hyde, Edward J. Shawaker, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GOLDBERG, CLARK and GEE, Circuit Judges.

GEE, Circuit Judge:

In 1970, through exercise of its power of eminent domain, the United States acquired certain property interests in Bee County, Texas. To effect its purpose of constructing a radio guidance transmitter, the government took out of a 3,550-acre tract fee simple rights to 26.556 acres, an easement for road purposes in 0.38 acres, and an easement restricting use1 in 131.31 acres. Prior to the proceedings before the jury...

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