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YUBA NATURAL RESOURCES, INC. v. U.S.

No. 89-1591.

904 F.2d 1577 (1990)

YUBA NATURAL RESOURCES, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 6, 1990.

Attorney(s) appearing for the Case

John J. Dacey, of Goldstein, Barceloux & Goldstein, San Francisco, Cal., argued for plaintiff-appellant. Of counsel were Burton J. Goldstein and Janet A. Econome.

M. Alice Thurston, of the Dept. of Justice, Washington, D.C., argued for defendant/cross-appellant. With her on the brief were George W. Van Cleeve, Acting Asst. Atty. Gen., Glen R. Goodsell, and Dirk D. Snel.

Before MARKEY, Chief Judge, FRIEDMAN, Senior Circuit Judge, and NIES, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The issue in this case, here on appeal from the United States Claims Court, is whether that court correctly calculated the amount the appellant Yuba Natural Resources, Inc. ("Yuba"), is entitled to receive as just compensation for the temporary taking of its mineral rights in certain land. The Claims Court based its award on the amount Yuba would have received as rent and minimum royalties during the taking period under a proposed joint...

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