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U.S. v. 12.18 ACRES OF LAND IN JEFFERSON COUNTY, KAN.

No. 78-1975.

623 F.2d 131 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. 12.18 ACRES OF LAND IN JEFFERSON COUNTY, KANSAS, Atchison, Topeka and Santa Fe Railway Company, et al., Defendants, Reichart Elevator Company, Jefferson County Cooperative, Henry Frommer, Ross Price, Farmers Union Cooperative, Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 6, 1980.

Rehearing Denied July 17, 1980.

Attorney(s) appearing for the Case

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C. (James W. Moorman, Asst. Atty. Gen., Washington, D.C., James P. Buchele, U.S. Atty., and Roger M. Theis, Asst. U.S. Atty., Topeka, Kan., Aaron S. Bennett and Robert L. Klarquist, Attys., Dept. of Justice, Washington, D.C., with him on the brief), for plaintiff-appellant.

Gordon K. Lowry, Valley Falls, Kan. (Rick A. Johnson, Valley Falls, Kan., with him on the brief), of Lowry & Johnson, Valley Falls, Kan., for intervenors-appellees.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.

SETH, Chief Judge.

This is a condemnation proceeding wherein the Government acquired title to a 12.18-acre tract in the Perry Lake Project in Kansas. This land was a part of the right-of-way of the Atchison, Topeka and Santa Fe Railway. The appeal concerns only the value of improvements of lessees of the railroad. The railroad pursuant to an agreement with the Government in 1966 relocated its tracks and terminated appellant...

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