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UNITED STATES v. 10.48 ACRES OF LAND

No. 78-1630.

621 F.2d 338 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. 10.48 ACRES OF LAND et al., and Lowell E. Ash, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

June 11, 1980.

Attorney(s) appearing for the Case

Bernard J. Heavey, Jr., Seattle, Wash., on brief, for defendants-appellants, and argued for plaintiff-appellee.

Robert W. Frantz, Atty., U.S. Dept. of Justice, Washington, D.C., Marie Creson, Asst. Atty., Seattle, Wash., on brief, for United States.

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

FERGUSON, Circuit Judge:

Landowner Lowell Ash appeals from a jury verdict in an action brought by the United States to condemn a flowage easement. Ash argues that he is entitled to a new trial as the trial court improperly sustained the government's objections to admission into evidence of the price paid by a condemning authority for an easement in a comparable sale. Having concluded that the district court did not abuse its discretion in sustaining the government...

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