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FOSTER v. UNITED STATES

No. 34-75.

607 F.2d 943 (1979)

Jack S. FOSTER et al. v. The UNITED STATES.

United States Court of Claims.

October 17, 1979.

Attorney(s) appearing for the Case

Charles W. Willey, Santa Barbara, Cal., atty. of record, for plaintiffs.

Gerald S. Fish, Washington, D. C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and KUNZIG, Judge.

OPINION

KUNZIG, Judge:

Plaintiffs bring this claim for $4,368,750 plus interest, based on the Fifth Amendment of the Constitution, which declares, in part, "nor shall private property be taken for public use, without just compensation." They argue that as owners of certain mineral rights located on Government property, defendant's denial of access to such property constitutes a compensable taking within the Fifth Amendment. The Government denies that plaintiffs...

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