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CAPORAL v. UNITED STATES

No. 76-2167.

577 F.2d 113 (1978)

John P. CAPORAL, Aretee Caporal, Gus J. Karey and Constance Karey, Appellants (Defendant below), v. UNITED STATES of America, Appellee (Plaintiff below), and L. L. Ridgeway Enterprises, Inc., Appellee (Defendant below).

United States Court of Appeals, Tenth Circuit.

Decided June 2, 1978.

Attorney(s) appearing for the Case

Phil E. Daugherty and John P. Caporal, Oklahoma City, Okl., for appellants.

George R. Hyde, Dept. of Justice, Washington, D.C. (James W. Moorman, Acting Asst. Atty. Gen., David L. Russell, U.S. Atty., John E. Green, Asst. U.S. Atty., Oklahoma City, Okl., Harry W. McKee, Eva R. Datz, and Jacques B. Gelin, Dept. of Justice, Washington, D.C., on briefs), for appellee United States of America.

Phillip Lambert, Oklahoma City, Okl., for appellee Ridgeway.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

John P. Caporal, et al, (Caporal) seeks review of a money judgment representing the fair market value arising from condemnation proceedings initiated by the United States. Caporal was awarded $610,000 as just compensation for the taking of his building and land condemned. L. L. Ridgeway Enterprises, Inc. (Ridgeway), a tenant in Caporal's building, was awarded $45,000 for loss of its leasehold estate as of the date of taking, which sum...

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