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U.S. v. 22.80 ACRES OF LAND IN SAN BENITO COUNTY

No. 86-15027.

839 F.2d 1362 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. 22.80 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF SAN BENITO, STATE OF CALIFORNIA, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 23, 1988.

Attorney(s) appearing for the Case

Laura Frossard, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Pettit & Martin, Robert L. Maines, David W. Slaby and Thomas H. Squeri, San Jose, Cal., for defendants-appellees.

Before WALLACE and POOLE, Circuit Judges, and KEEP, District Judge.

KEEP, District Judge:

By this appeal, the government challenges the amount of compensation awarded to landowners in an eminent domain proceeding. The district court found that the fair market value of the rock taken from appellee's property was $.60 per ton for the limestone and $.25 per ton for the decomposed granite. Based upon the undisputed quantities actually removed by the government, the court entered judgment for the landowners in the amount of $642,954.50...

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