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U.S. v. 2,847.58 A. OF LAND, MORE OR LESS, ETC.

No. 75-1573.

529 F.2d 682 (1976)

UNITED STATES of America, Appellant, v. 2,847.58 ACRES OF LAND, MORE OR LESS, Situated in BATH, ET AL., COUNTIES, COMMONWEALTH OF KENTUCKY (Ernest F. Brackmier et al.), Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 13, 1976.

Attorney(s) appearing for the Case

Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., Lawrence E. Shearer, Wallace H. Johnson, George R. Hyde, Appellate Section, Land and Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., for appellant.

Edward S. Gilson, Jr., Lexington, Ky., George I. Cline, Thomas R. Burns, Morehead, Ky., for appellee.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

The government appeals from the judgment entered on a jury verdict awarding compensation for mineral interests taken by condemnation. The government had acquired the surface of the land in Bath County, Kentucky, some years prior to filing the present action on March 7, 1972 to acquire the mineral interests. This appeal concerns oil in place under various tracts, and a number of landowners are involved...

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