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UNITED STATES v. 255.25 ACRES OF LAND, MORE OR LESS

Nos. 82-2026, 82-2027.

712 F.2d 1263 (1983)

UNITED STATES of America, Appellee, v. 255.25 ACRES OF LAND, MORE OR LESS, SITUATE IN MONROE COUNTY, STATE OF MISSOURI, and William A. Moutray and Naomi Moutray, and Unknown Owners, Appellants. Tract No. 1616. UNITED STATES of America, Appellee, v. 255.25 ACRES OF LAND, More or Less, SITUATE IN MONROE COUNTY, STATE OF MISSOURI, and William A. Moutray and Naomi Moutray, and Unknown Owners, Appellants. Tract 1620.

United States Court of Appeals, Eighth Circuit.

Decided July 28, 1983.

Attorney(s) appearing for the Case

Millar, Schaefer & Hoffmann, Gregory F. Hoffmann, St. Louis, Mo., for appellants.

Thomas E. Dittmeier, U.S. Atty., Edwin B. Brzezinski, Asst. U.S. Atty., St. Louis, Mo., Carol E. Dinkins, Asst. Atty. Gen., Edward J. Shawaker, Kathleen P. Dewey, Attys., Dept. of Justice, Washington, D.C., for appellee.

Before ARNOLD, Circuit Judge, and FLOYD R. GIBSON and HENLEY, Senior Circuit Judges.

HENLEY, Senior Circuit Judge.

These consolidated appeals arise from condemnation proceedings instituted by the Secretary of the Army to acquire in fee certain lands owned by appellants William A. and Naomi Moutray for the purpose of constructing the Clarence Cannon Dam Reservoir Project on the Salt River in Missouri. Appellants raised a number of defenses to the condemnation actions, including, inter alia, the assertion...

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