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WEISS v. LEHMAN

No. 79-4101.

642 F.2d 265 (1981)

E. B. WEISS, Plaintiff-Appellee, v. R. C. LEHMAN and Wayne LaRue, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1981.

As Amended March 30, 1981.

Attorney(s) appearing for the Case

Patricia G. Reeves, Dept. of Justice, Washington, D.C., on brief; Alfred Mollin, Atty., Washington D.C., argued, for defendants-appellants.

Barry Marcus, Marcus & Marcus, Boise, Idaho, for plaintiff-appellee.

Before VAN DUSEN, FARRIS and BOOCHEVER, Circuit Judges.

FARRIS, Circuit Judge:

The sole issue presented by this appeal is whether a Bivens-type damage remedy was properly implied against defendant Lehman, a Forest Service employee, under the Fifth Amendment due process and just compensation clauses.1 We affirm.

I. FACTS

Lehman appeals an adverse judgment in a suit against him for damages for destruction of certain personal property located on an unpatented mining claim...

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