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U.S. v. 5,507.38 ACRES OF LAND

No. 86-2758 Summary Calendar.

832 F.2d 882 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. 5,507.38 ACRES OF LAND, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 25, 1987.

Attorney(s) appearing for the Case

Norman R. Jones, Jones & Granger, Beverly Moffitt, Houston, Tex., for McFadden.

Frances Stacy, Asst. U.S. Atty., Houston, Tex., Blake A. Watson, Atty., Appellate Sec., Lands Div., Dept. of Justice, Washington, D.C., for plaintiff appellee.

Before GEE, GARWOOD, and JONES, Circuit Judges.

GEE, Circuit Judge:

This case is an appeal from a grant of summary judgment which denied attorney's fees and costs to the appellants in a condemnation action. In 1981, the United States had brought an eminent domain claim regarding a mineral interest in 5,507.38 acres of land in Live Oak and McMullen Counties, Texas. A three-member commission heard the issue of just compensation for the taking of the mineral estate. The district court approved the findings of the...

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