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CITY OF VAN BUREN, ARK. v. U.S.

Appeal No. 298-75.

697 F.2d 1058 (1983)

The CITY OF VAN BUREN, ARKANSAS, Appellee, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

January 10, 1983.

Attorney(s) appearing for the Case

John E. Lindskold, Washington, D.C., argued for appellant. With him on briefs, was Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C.

H. Clay Robinson, Fort Smith, Ark., argued for appellee. With him on the brief were Bradley O. Jesson, Fort Smith, Ark., and N.D. Edwards, Van Buren, Ark.

Before FRIEDMAN, BALDWIN and NIES, Circuit Judges.

BALDWIN, Circuit Judge.

This is an appeal from the judgment of the United States Claims Court1 regarding a claim by The City of Van Buren, Arkansas (Van Buren), that it suffered a compensable taking under the Fifth Amendment by the government's appropriation of a subterranean flowage easement in certain land, resulting in damage to Van Buren's sewer system occupying a utility easement in that land. Judge Merow, the trial judge, held that...

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