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UNITED STATES v. 38.60 ACRES OF LAND, MORE OR LESS

No. 79-1673.

625 F.2d 196 (1980)

UNITED STATES of America, Appellant, v. 38.60 ACRES OF LAND, MORE OR LESS, SITUATE IN HENRY COUNTY, STATE OF MISSOURI and Glen Melvin Jones, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1980.

Attorney(s) appearing for the Case

Jacques B. Gelin, Atty., Land and Natural Resources Div., Dept. of Justice, Washington, D. C. (argued), Anthony C. Liotta, Acting Asst. Atty. Gen., Washington, D. C., Ronald S. Reed, Jr., U. S. Atty., Vernon A. Poschel, Asst. U. S. Atty., Kansas City, Mo., and Carl Strass, Atty., Justice Dept., Washington, D. C., on brief, for appellant.

Julius F. Wall, Poague, Brock, Wall, Eshelman & Cox, Clinton, Mo., for appellees.

Before BRIGHT, ROSS and McMILLIAN, Circuit Judges.

McMILLIAN, Circuit Judge.

The United States appeals from a final judgment entered in the district court for the Western District of Missouri awarding landowners Glen Melvin Jones and Betty Jones $45,000 as just compensation for the taking of a perpetual flowage easement across part of their farm in Henry County, Missouri. For reversal the government challenges the award of severance damages and the adequacy of the findings of the land condemnation commission under...

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