COOPER v. U.S.

No. 87-1190.

827 F.2d 762 (1987)

J.R. COOPER, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 2, 1987.


Attorney(s) appearing for the Case

Jim Waide, Estes & Waide, Tupelo, Miss., argued for plaintiff-appellant.

Douglas A. Cohen, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on brief were F. Henry Habicht, II, Asst. Atty. Gen., Robert L. Klarquist and Alan Brenner.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.


BISSELL, Circuit Judge.

J.R. Cooper appeals from the judgment of the United States Claims Court, 11 Cl.Ct. 471 (1987), dismissing Cooper's complaint against the United States for compensation for the destruction of timber located on his property. We reverse and remand.

BACKGROUND

During 1979, construction on the Tennessee-Tombigbee Waterway blocked the east fork of the Tombigbee River adjacent to the Cooper farm in Itawamba County, Mississippi. The...

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