UNITED STATES v. 329.73 ACRES OF LAND, ETC.

Nos. 81-4345, 82-4064.

695 F.2d 922 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. 329.73 ACRES OF LAND, MORE OR LESS, SITUATED IN GRENADA AND YALOBUSHA COUNTIES, STATE OF MISSISSIPPI, J.G. Carter, et al. and Unknown Owners, Defendants, Alfred A. Bryant, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. 329.73 ACRES OF LAND, MORE OR LESS, SITUATED IN GRENADA AND YALOBUSHA COUNTIES, STATE OF MISSISSIPPI, J.G. Carter, et al. and Unknown Owners, Defendants, Billy D. Benoist, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 20, 1983.


Attorney(s) appearing for the Case

Oscar P. Mackey, Jackson, Miss., Jim R. Bruce, Kennett, Mo., for defendants-appellants.

Maria A. Iizuka, Jacques B. Gelin, Raymond N. Zagone, Attys., U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for plaintiff-appellee.

Before GOLDBERG, GEE and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

The sole issue before us in these consolidated land condemnation cases is whether the landowners may invoke Rule 60(b) of the Federal Rules of Civil Procedure to challenge the district courts' failure to award an "appropriate" interest rate on the unpaid difference between the government's advance deposit of estimated just compensation and the amount of the jury's award. Because we do not regard Rule 60(b) as an appropriate...

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