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U. S. v. 77,819.10 ACRES OF LAND MORE OR LESS, ETC.

Nos. 79-2087, 79-2270.

647 F.2d 104 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. 77,819.10 ACRES OF LAND, MORE OR LESS, SITUATE IN SOCORRO AND CATRON COUNTIES, NEW MEXICO; Jay Taylor a/k/a Jay L. Taylor and Imogene H. Taylor a/k/a Imogene Herring Taylor, his wife; The State of New Mexico by Commissioner of Public Lands, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 8, 1981.

Rehearing Denied August 10, 1981.

Attorney(s) appearing for the Case

David C. Shilton, Atty., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Edward Shawaker, Atty., Dept. of Justice, Washington, D. C., and R. E. Thompson, U. S. Atty. and James B. Grant, Asst. U. S. Atty., Albuquerque, N. M., with him on the brief), for plaintiff-appellant.

Robert D. Taichert of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., for defendants-appellees Jay Taylor and Imogene H. Taylor.

William O. Jordan, Atty. for the Commissioner of Public Lands for the State of New Mexico, Santa Fe, N. M., for defendant-appellee The State of New Mexico.

Before HOLLOWAY, BARRETT and WILLIAM E. DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

The United States appeals an award made by a commission and adopted by the district court pursuant to a condemnation proceeding for the taking of an evacuation estate1 to be used in connection with the Athena H Missile project at the White Sands Missile Range in New Mexico. The commission appointed by the Court under Fed.Rules Civ.Proc. rule 71A(h), 28 U.S.C.A. awarded landowners, Jay Taylor and Imogene Taylor ...

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