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UNITED STATES v. HARVEY

No. 77-2279.

661 F.2d 767 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Iva May HARVEY, a widow, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1981.

Rehearing and Rehearing Denied March 10, 1982.

Attorney(s) appearing for the Case

Wallace L. Duncan, Duncan, Brown, Weinberg & Palmer, P.C., Washington, D.C., Floyd H. Shebley, West Linn, Or., for defendants-appellants.

Robert L. Klarquist, Washington, D.C., for plaintiff-appellee.

Before KENNEDY and TANG, Circuit Judges and LARSON, District Judge.

Rehearing and Rehearing En Banc Denied March 10, 1982.

TANG, Circuit Judge:

This is an appeal by 162 individuals from a judgment ejecting them from approximately 27 acres of real property, Harvey's Fishing Hole, and awarding the government rental value damages for use and occupancy of this property since 1960.1 Three issues are before us: 1) whether state rather than federal law should have been applied in the jury instruction...

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