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UNITED STATES v. 49.01 ACRES OF LAND, MORE OR LESS

No. 83-2195.

802 F.2d 387 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. 49.01 ACRES OF LAND, MORE OR LESS, SITUATE IN OSAGE COUNTY, STATE OF OKLAHOMA, I.D.S. Mortgage Corporation, and Industrial Western Inc., Defendants, Alexander-Frates Co., a Corporation, Diamond Head Property Owners Association, Inc., a non-profit Corporation, and Diamond Head Development Section 2, Osage County, Oklahoma, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 30, 1986.

Attorney(s) appearing for the Case

J. Thomas Lenhart (Pamela H. Anderson, also of Shaw, Pittman, Potts & Trowbridge, Washington, D.C., and F. Paul Thieman, Jr. of Thieman & Kronfeld, Tulsa, Okl., with him on the briefs), for defendants-appellants.

Robert L. Klarquist, Atty. (F. Henry Habicht, II, Asst. Atty. Gen. and Donald T. Hornstein, Atty., also of the Dept. of Justice, Washington, D.C., Hubert H. Bryant, U.S. Atty., and Hubert A. Marlow, Asst. U.S. Atty., Tulsa, Okl., with him on the briefs), for plaintiff-appellee.

Before LOGAN, McWILLIAMS, and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

Landowners have appealed a district court ruling that our decision in a related condemnation case, United States v. 49.01 Acres of Land, 669 F.2d 1364 (10th Cir.1982) (hereafter Anderson), controls the instant case. We there held that the owners of the land known as the Anderson Unit were not entitled to the enhanced value of their land attributable...

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