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U.S. v. 33.5 ACRES, OKANOGAN COUNTY, STATE OF WASH.

No. 85-3631.

789 F.2d 1396 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. 33.5 ACRES OF LAND, MORE OR LESS, in the COUNTY OF OKANOGAN, STATE OF WASHINGTON, Defendant, and David S. Smith and Janet G. Smith, husband and wife, et al., Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. 25.7 ACRES OF LAND, MORE OR LESS, in the COUNTY OF OKANOGAN, STATE OF WASHINGTON, Defendant, and David S. Smith and Janet G. Smith, husband and wife, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1986.

Attorney(s) appearing for the Case

Robert M. Sweeney, Asst. U.S. Atty., Spokane, Wash., Robert L. Klarquist, Jacques B. Gelin, Dept. of Justice, Appellate Section, Land & Natural Resources Div., Washington, D.C., for plaintiff-appellant.

Richard B. Price, Omark, Wash., for defendants-appellees.

Before GOODWIN, HALL and THOMPSON, Circuit Judges.

GOODWIN, Circuit Judge.

The United States appeals the judgment following a jury trial in which David and Janet Smith were awarded severance damages arising from the condemnation of a parcel of the Smiths' ranch.

In 1981 the United States, on behalf of the Bonneville Power Administration ("BPA"), initiated condemnation proceedings to acquire a power line easement across the Smiths' ranch in eastern Washington. The court granted possession on August 15, 1981...

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