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BROTHERS v. U.S.

No. 77-3044.

594 F.2d 740 (1979)

Gloria A. BROTHERS and Edgar C. Newall, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing March 22, 1979.

Attorney(s) appearing for the Case

William B. Murray (argued) Portland, Ore., for plaintiffs-appellants.

John H. Harmon, Asst. Atty. Gen. (argued), Washington, D. C., for defendant-appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and THOMPSON, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

The plaintiffs, Brothers and Newall, sued the government for inverse condemnation, alleging the taking of a mining claim and two cabins situated on the claim. We affirm a dismissal by the district court.1

The mining claim in question was held previously by Mrs. Wagner, a friend of the plaintiffs. In February 1974, after a proper hearing, an administrative law judge declared her claim invalid for...

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