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UNITED STATES v. WEYERHAEUSER CO.

No. 75-1301.

538 F.2d 1363 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. WEYERHAEUSER COMPANY, a Washington Corporation, and Crown Zellerbach Corporation, a Nevada Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

June 14, 1976.

Attorney(s) appearing for the Case

Manley B. Strayer (argued), Portland, Or., for defendants-appellants.

John J. Zimmerman, Atty., Washington, D.C. (argued), Civ. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before WALLACE and KENNEDY, Circuit Judges, and BOHANON, District Judge.

OPINION

WALLACE, Circuit Judge:

The United States brought a condemnation action against Weyerhaeuser Company (Weyerhaeuser) and Crown Zellerbach Corporation (Crown) to secure an easement over portions of an existing forest access road used for hauling timber. Weyerhaeuser and Crown had been receiving payments from the government for use of the road in the removal of federal timber. They claimed that just compensation includes an element of value arising...

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