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UNITED STATES v. 60.22 ACRES OF LAND, ETC.

No. 78-1132.

638 F.2d 1176 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. 60.22 ACRES OF LAND, MORE OF LESS, SITUATE IN KLICKITAT COUNTY, STATE OF WASHINGTON; Dickey Farms, Inc., a corporation; Klickitat County, Washington, a municipal corporation; and Unknown Owners, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1980.

Attorney(s) appearing for the Case

Edward J. Shawaker, Washington, D. C., argued for plaintiff-appellant; James W. Moorman, Washington, D. C., on brief.

John L. Schwabe, Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for defendants-appellees.

Before CHOY and FERGUSON, Circuit Judges, and BARTELS, District Judge.

CHOY, Circuit Judge:

The district court determined that a 1938 condemnation judgment did not grant the Government an unrestricted flowage easement over specified lands and, accordingly, fixed just compensation for the easement. Finding the district court's determination to be incorrect, we reverse and remand the case for further proceedings.

In 1975 the Government filed a complaint in condemnation seeking "the perpetual right, power, privilege and easement...

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