UNITED STATES v. 760.807 ACRES OF LAND

No. 83-1991.

731 F.2d 1443 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. 760.807 ACRES OF LAND, MORE OR LESS, SITUATE IN the CITY AND COUNTY OF HONOLULU, STATE OF HAWAII; F.E. Trotter, Inc., W.H. McVay, Inc., P.R. Cassiday, Inc., and H.C. Cornuelle, Inc., Trustees under the Will and of the Estate of James Campbell, Deceased, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1984.


Attorney(s) appearing for the Case

Thomas P. Carolan, Atty. U.S. Dept. of Justice, Washington, D.C., Albert M. Ferlo, Jr., Martin W. Matzen, Robert C. Klarquist, Washington, D.C., for plaintiff-appellee.

Francis P. Hogan, Clinton R. Ashford, Charles B. Dwight, II, Honolulu, Hawaii, for defendants-appellants.

Before: CHOY, GOODWIN and KENNEDY, Circuit Judges.


CHOY, Circuit Judge:

In September 1980, the United States brought this condemnation action to acquire an "Explosive Safety Hazard Zone" (ESHZ) around wharves used to load and unload explosives. Appellants, the Trustees under the Will and of the Estate of James Campbell, Deceased ("Trustees of the Campbell Estate"), held title to most of the acquired land. After a separate trial involving only Campbell Estate land, a jury awarded the Trustees $14,500,000. The Trustees...

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