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MILLER v. UNITED STATES

No. 296-74.

620 F.2d 812 (1980)

Harold A. MILLER, Jane S. Miller, Joanne Miller Lilley, Prudence M. Miller, also known as Prudence Miller, Achsah Jane Graham, Individually and as Trustees, Stimson Lumber Company, Rellim Redwood Co. and Miller Redwood Company v. The UNITED STATES.

United States Court of Claims.

April 16, 1980.

Attorney(s) appearing for the Case

Manley B. Strayer, Portland, Or., attorney of record for plaintiffs. Stoel, Rives, Boley, Fraser & Wyse and Tonkon, Torp & Galen, Portland, Or., of counsel.

Howard O. Sigmond, Washington, D. C., with whom was Asst. Atty. Gen., James W. Moorman, Washington, D. C., for defendant.

Richard Murray, Washington, D. C., for Jane W. Bodington, et al., amici curiae. Angelo A. Iadarola, Washington, D. C., for Georgia-Pacific Corp., amicus curiae. McCutchen, Doyle, Brown & Enersen, W. Scott Burke, San Francisco, Cal., and Wilkinson, Cragun & Barker, Washington, D. C., of counsel.

Before KASHIWA, KUNZIG and BENNETT, Judges.

OPINION

BENNETT, Judge:

This case comes before the court on plaintiffs' exceptions to the recommended decision of Trial Judge Thomas J. Lydon, filed May 30, 1979, pursuant to Rule 134(h). Plaintiffs' claim arises from the taking of some 2,646.22 acres from an area known as the Mill Creek tract, owned by the individual plaintiffs,1 for inclusion in Redwood National Park in Del Norte and Humboldt Counties, California. This was...

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