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UNITED STATES v. 49.01 ACRES OF LAND

Nos. 79-1672, 79-1673.

669 F.2d 1364 (1982)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. 49.01 ACRES OF LAND, More or Less, SITUATE IN OSAGE COUNTY, STATE OF OKLAHOMA, and the Unknown Owners; and Industrial Western, Inc., Defendants-Appellees, Robert Duffield, Defendant-Appellee, Cross-Appellant, Alexander-Frates Company, Diamond Head Property Owners Association, Inc., Diamond Head Development Section 2, Osage County, Oklahoma, and I.D.S. Mortgage Corporation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Decided January 25, 1982.

Attorney(s) appearing for the Case

Robert L. Klarquist, Atty., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., and Jacques B. Gelin and Carl Strass, Attys., Dept. of Justice, Washington, D. C., Hubert H. Bryant, U.S. Atty. and Hubert A. Marlow, Asst. U.S. Atty., Tulsa, Okl., with him on the briefs), for the United States.

Bruce W. Gambill of Kelly & Gambill, Pawhuska, Okl., for Robert Duffield.

Remington Rogers of Rogers, Rogers, Honn, Hill, Secrest & McCormick, Tulsa, Okl., for Industrial Western, Inc.

Edwin Kronfeld, Tulsa, Okl. (F. Paul Thieman, Jr., Tulsa, Okl., with him on the brief), of Thieman & Kronfeld, Tulsa, Okl., for amici curiae Alexander-Frates Co., Diamond Head Property Owners Association, Inc., Diamond Head Development Section 2, Osage County, Okl., and IDS Mortgage Corp.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

The United States appeals a district court order approving a condemnation commission report. The report valued the land of Robert Duffield and Industrial Western, Inc. (landowners), at $37,833 as just compensation for the government's taking of the fee simple title to 44.81 acres and a flowage easement over 4.20 acres. Robert Duffield cross-appeals, alleging that the commissioners underestimated the value of his property. The only issues on appeal...

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