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UNITED STATES v. 428.02 ACRES OF LAND, ETC.

No. 81-2243.

687 F.2d 266 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. 428.02 ACRES OF LAND, MORE OR LESS, SITUATE IN NEWTON AND SEARCY COUNTIES, ARKANSAS, and Robert G. Patrick, et ux., et al., and Unknown Owners, Tract No. 49-115, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 3, 1982.

Attorney(s) appearing for the Case

Donald J. Adams, Harrison, Ark., for defendants-appellees.

Carol E. Dinkins, Asst. Atty. Gen., Washington, D. C., Larry R. McCord, U. S. Atty., J. Michael Fitzhugh, Asst. U. S. Atty., Fort Smith, Ark., Edward J. Shawaker, Wendy B. Jacobs, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Before ARNOLD, Circuit Judge, STEPHENSON, Senior Circuit Judge, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

This is a condemnation case in which the United States appeals one aspect of the judgment entered pursuant to the jury's verdict fixing the amount of just compensation for the taking of three parcels of property in Newton County, Arkansas. The award challenged on appeal is $110,000 for subterranean cave rights. The government's main contention is that the trial judge1 abused his discretion in permitting valuation...

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