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  5. 836 F.2d 498 (1988)
 

U.S. v. 2,560.00 A. OF LAND IN WASHINGTON CTY., OKL.

Nos. 85-2023 to 85-2025.

836 F.2d 498 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. 2,560.00 ACRES OF LAND, MORE OR LESS, SITUATE IN WASHINGTON COUNTY, STATE OF OKLAHOMA; Thomas Connelly Wallingford, et al., and Unknown Owners; Earl G. Wallingford, III; George Walter Wallingford; Claire L. Wallingford; Earl Laughlin, Jr.; Clyde G. Layton; R.M. Layton; William Douglas Layton; Layton Oil Company; 1,200.35 Acres of Land, More or Less, Situate In Washington County, State of Oklahoma; Clyde G. Layton, et al., and all Unknown Owners; Tog George, Trustee for the benefit of Allied Bank of Texas; Allied Bank, of Texas; 75.00 Acres of Land, More or Less, Situate In Washington County, State of Oklahoma; Fitz-Lowe, Inc., a Corporation, et al., and Unknown Owners; Tog George, Trustee for the benefit of Allied Bank of Texas; Allied Bank, of Texas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 4, 1988.

Attorney(s) appearing for the Case

Laura E. Frossard, U.S. Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., Layn R. Phillips, U.S. Atty., and Nancy Nesbitt Blevins, Asst. U.S. Atty., Tulsa, Okl., Jacques B. Gelin and Maria A. Iizuka, Dept. of Justice, Washington, D.C., on briefs), for plaintiff-appellant.

James E. Poe, Covington & Poe, and John S. Athens, Conner & Winters (Bill M. Shaw, Chapel, Wilkinson, Riggs & Abney, and J. David Jorgenson, with them on briefs), Tulsa, Okl., for defendants-appellees.

Before MOORE and BARRETT, Circuit Judges, and ANDERSON, District Judge.

JOHN P. MOORE, Circuit Judge.

This is an appeal by the government from a district court's order affirming a commission's award of nearly five million dollars for the subordination of certain mineral rights in Washington County, Oklahoma, belonging to Tom Wallingford, Fitz-Lowe, Inc., and Layton Oil Company (defendants). The government argues that this award should be overturned because the commission increased the extent of taken property and permitted a total rather...

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