WEATHERFORD v. UNITED STATES

No. 76-3676.

606 F.2d 851 (1979)

Marion T. WEATHERFORD and Leona M. Weatherford, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 12, 1979.


Attorney(s) appearing for the Case

Charles A. Phipps, The Dalles, Or., argued for plaintiffs-appellants.

Peter R. Taft, Asst. Atty. Gen., Washington, D. C., on brief; Glen R. Goodsell, Asst. U. S. Atty., Washington, D. C., argued, for defendant-appellee.

Before KENNEDY and TANG, Circuit Judges, and JAMESON, District Judge.


KENNEDY, Circuit Judge:

This is an appeal by landowners from a judgment entered after a court trial in an eminent domain proceeding. In 1948, appellants Marion and Leona Weatherford acquired an easement extending, generally, from the Columbia River to their dry farm land about eleven miles away.1 The easement and the land in question are near the town of Arlington, Oregon. The easement was for construction and maintenance of an irrigation...

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