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U.S. v. 101.80 A. OF LAND, MORE OR LESS, IN IDAHO CTY.

Nos. 82-3044, 82-3046.

716 F.2d 714 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. 101.80 ACRES OF LAND, MORE OR LESS, IN IDAHO COUNTY, IDAHO, Joseph Schwartz and Lorena Rose Schwartz, et al., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. 35.54 ACRES OF LAND, More or Less, In IDAHO COUNTY, IDAHO, Ora Hazelbaker, a widow, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1983.

Attorney(s) appearing for the Case

Jacques B. Gelin, Washington, D.C., for plaintiff-appellee.

Donald W. Lojek, Parkinson, Lojek, Penland, Boise, Idaho, for defendants-appellants.

Before KILKENNY, CHOY, and FLETCHER, Circuit Judges.

FLETCHER, Circuit Judge:

These consolidated appeals are taken from two condemnation proceedings in which the compensation eventually awarded to the condemnee for an easement taken by the government far exceeded the amount originally deposited with the court by the United States. The district court denied each condemnee recovery of costs, attorney fees, and expenses against the United States under 28 U.S.C. § 2412 (Supp. IV 1980), as amended by the Equal Access...

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