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U.S. v. WERNER

Nos. 89-2118, 89-2129.

916 F.2d 175 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Stanton WERNER, Emilene S. Werner, et al., Defendants-Appellants, and 175.76 Acres of Land, more or less, situate in the County of Jefferson, State of West Virginia; Unknown Owners, Defendants. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1990.

Attorney(s) appearing for the Case

R. Edwin Brown, argued (Laurie R. Gitajn, Brown and Sturm, Rockville, Md., on brief), for defendants-appellants.

John Thompson Stahr, argued (Richard B. Stewart, Asst. Atty. Gen., Martin W. Matzen, Gary M. Peterson, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., on brief), for plaintiff-appellee.

Before RUSSELL and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WILKINS, Circuit Judge:

Robert Stanton Werner appeals the judgment of the district court awarding $263,640 as compensation for the United States' condemnation of 175.76 acres of his property in Jefferson County, West Virginia. The dispositive issue is whether the district court erred in denying a motion to replace one of three land commissioners appointed pursuant to Rule 71A(h) of the Federal Rules of Civil Procedure to...

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