UNITED STATES v. 129.4 ACRES OF LAND, MORE OR LESS

No. 76-3538.

572 F.2d 1385 (1978)

UNITED STATES of America, Plaintiffs-Appellants, v. 129.4 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF YUMA, STATE OF ARIZONA, and Fred W. Kamrath, et al., and Unknown Owners, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 12, 1978.


Attorney(s) appearing for the Case

William C. Smitherman, U. S. Atty., Tucson, Ariz., for plaintiffs-appellants.

Larry G. Gutterridge (argued), Dept. of Justice, Washington, D. C., Thaddeus, G. Baker (argued), Yuma, Ariz., for defendants-appellees.

Before BROWNING and TANG, Circuit Judges, and THOMPSON, District Judge.


TANG, Circuit Judge.

This is an appeal from an order of partial summary judgment ordering the United States to pay compensation to the Yuma Mesa Irrigation and Drainage District (District) for 77.4 acres condemned by the United States. The district court certified its order under 28 U.S.C. Sec. 1292(b), and we have granted permission to appeal.

The District, a corporate political subdivision of the State of Arizona, is part of the Gila Project, a federal reclamation...

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