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UNITED STATES v. 47.14 ACRES OF LAND, MORE OR LESS

No. 81-1627.

674 F.2d 722 (1982)

UNITED STATES of America, Appellant, v. 47.14 ACRES OF LAND, MORE OR LESS, SITUATE IN POLK COUNTY, STATE OF IOWA; and Polich Enterprises, Inc.; Hallett Construction Company; State of Iowa, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 1, 1982.

Attorney(s) appearing for the Case

James R. McManus, Des Moines, Iowa, for appellee, Polich Enterprises, Inc.

Lee H. Gaudineer, James R. Austin, Jr., Craig V. Schrader, Des Moines, Iowa, for appellee Hallett Const. Co.

Anthony C. Liotta, Acting Asst. Atty. Gen., Carol E. Dinkins, Asst. Atty. Gen., Washington D. C., Roxanne Barton Conlin, U.S. Atty., Christopher D. Hagen, Asst. U.S. Atty., Des Moines, Iowa, Jacques B. Gelin, Claire L. McGuire, Attys., Dept. of Justice, Washington, D. C., for appellant.

Before BRIGHT, Circuit Judge, GIBSON, Senior Circuit Judge, and LARSON, Senior District Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

The United States appeals from an award of $442,000 for appellees in a condemnation case. Because the award is unsupported by the record, our affirmance of the judgment of the district court is conditioned on appellees' agreeing to a remittitur in the amount of $169,934; otherwise, a remand for a new trial is ordered.

I. Background

On December 20, 1978, the United States filed a complaint and a declaration of...

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