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TURNER v. U.S.

No. 90-5008.

901 F.2d 1093 (1990)

Neal TURNER, Jimmy Crane, Johnny Crane, and Edwin Jerry Wilburn, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 13, 1990.

Attorney(s) appearing for the Case

Michael P. Mills, of Navarro, Mills & Davis, Aberdeen, Miss., argued, for plaintiffs-appellants.

Andrew C. Mergen, of the Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief were Richard B. Stewart, Asst. Atty. Gen., Jacques B. Gelin and Glen R. Goodsell.

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and SHARP, Chief District Judge.

BENNETT, Senior Circuit Judge.

This appeal is from the August 24, 1989, order of the United States Claims Court granting summary judgment for the defendant. 17 Cl.Ct. 832 (1989). We reverse and remand.

BACKGROUND

The appellants (collectively "Turner" or "plaintiffs") filed suit in the Claims Court seeking just compensation under the Fifth Amendment for flooding that occurred to their property. The plaintiffs' property is located in Mississippi along...

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