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YUBA GOLDFIELDS, INC. v. UNITED STATES

Appeal No. 83-912.

723 F.2d 884 (1983)

YUBA GOLDFIELDS, INC. and Placer Service Corp., Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

December 14, 1983.

Attorney(s) appearing for the Case

John J. Dacey, and M. Reed Hunter, San Francisco, Cal., for appellants.

Glen R. Goodsell, Washington, D.C., for appellee. With him on brief were F. Henry Habicht, II and David C. Skilton, Washington, D.C.

Before MARKEY, Chief Judge, and FRIEDMAN and BALDWIN, Circuit Judges.

MARKEY, Chief Judge.

Appeal from an order of the Claims Court, 1 Cl.Ct. 421, dismissing the complaint in light of a motion of the United States for summary judgment, on the ground that actions of the United States did not constitute a taking of private property. We vacate the order and remand.

BACKGROUND

In 1901, James O'Brien quitclaimed the subject property to the United States, reserving to himself the precious metal interests. In 1902, those...

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