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UNITED STATES v. SHEWFELT INV. CO.

No. 76-3130.

570 F.2d 290 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. SHEWFELT INVESTMENT CO., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 29, 1977.

Attorney(s) appearing for the Case

Thomas P. Gilfoy (argued), of Oliver, Stoever & Laskin, Los Angeles, Cal., for Shewfelt Inv. Co.

Peter R. Steenland, Jr., U. S. Dept. of Justice, Washington, D. C., for the U. S.

Before TRASK, WALLACE and ANDERSON, Circuit Judges.

PER CURIAM:

Shewfelt appeals from a judgment arising out of an eminent domain proceeding involving 5974.86 acres of desert land in Imperial County, California. The United States took a one-year leasehold, renewable for four more years, in order to use the land as an aerial artillery range. The district court awarded Shewfelt a total of $17,194 for the five years.

The involved land is in the desert with no available water and much of it is in mountainous terrain...

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