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PETE v. UNITED STATES

No. 17-72.

569 F.2d 565 (1978)

Jacob L. PETE and James W. Pete v. The UNITED STATES.

United States Court of Claims.

As Amended January 27, 1978.

Attorney(s) appearing for the Case

Ernest I. Reveal, St. Paul, Minn., for plaintiffs; Solly Robins, St. Paul, Minn., Atty. of record; Robins, Davis & Lyons, St. Paul, Minn., of counsel.

E. Lawrence Hannaway, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., with whom was Asst. Atty. Gen., James W. Moorman, Washington, D.C., for defendant; Herbert Pittle, Washington, D.C., of counsel.

Before DAVIS, and KASHIWA, Judges.

OPINION

KASHIWA, Judge:

The sole issue presented in this case is whether section 304(c) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4654(c) (1970), authorizes the payment of litigation expenses by the United States in an inverse condemnation action involving personal, as opposed to real, property. After consideration of the briefs and oral arguments presented, we find that plaintiffs are entitled...

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