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JENTGEN v. UNITED STATES

No. 415-77.

657 F.2d 1210 (1981)

James J. JENTGEN, Trustee v. The UNITED STATES.

United States Court of Claims.

August 19, 1981.

Attorney(s) appearing for the Case

Thomas C. Henry, Washington, D. C., for plaintiff; Carl L. Shipley, Washington, D. C., attorney of record. Shipley, Smoak & Akerman, Washington, D. C., of counsel.

Fred R. Disheroon, Washington, D. C., with whom was Asst. Atty. Gen., Carol E. Dinkins, Washington, D. C., for defendant; Elizabeth Stein and Hubert M. Crean, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, SKELTON, Senior Judge, and KUNZIG, Judge.

OPINION

KUNZIG, Judge:

In this case, plaintiff contends that he has suffered an uncompensated taking as the consequence of federal regulation affecting his development of a planned residential community near the Everglades.1 The statutes in question — § 10 of the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. § 403, and § 404 of the Federal Water Pollution...

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