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YAIST v. UNITED STATES

No. 214-77.

656 F.2d 616 (1981)

Clyde R. YAIST v. The UNITED STATES v. OLSON FLORIDA REALTY CO.

United States Court of Claims.

July 29, 1981.

Attorney(s) appearing for the Case

James D. Murray, Lakeland, Fla., for plaintiff; Thomas M. Gittings, Jr., Washington, D. C., attorney of record.

John R. Hill, Jr., with whom was Acting Asst. Atty. Gen., Anthony C. Liotta, Washington, D. C., for defendant; Walter J. Postula, Washington, D. C., of counsel.

Paul M. Laurenza, Washington, D. C., for third-party defendant, Olson Florida Realty Co.; William C. Brashares, Washington, D. C., attorney of record.

Before FRIEDMAN, Chief Judge, and DAVIS and SMITH, Judges.

OPINION

DAVIS, Judge:

This just compensation case, tried before former Trial Judge Browne, concerns the title to some property located in the Florida Everglades. The trial judge ruled that the plaintiff's property had been taken and that compensation was owing in an amount to be determined in a separate trial. We agree with that determination but for somewhat different reasons.1

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