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BELVILLE MIN. CO., INC. v. U.S.

No. C-1-89-874.

763 F.Supp. 1411 (1991)

BELVILLE MINING CO., INC., et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

April 30, 1991.

Attorney(s) appearing for the Case

Robert Anderson, Ironton, Ohio, for plaintiffs.

Jan Holtzman, Asst. U.S. Atty., Cincinnati, Ohio, for defendants.

FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW

CARL B. RUBIN, District Judge.

I. INTRODUCTION

This matter concerns a dispute between the Plaintiffs, which hold mineral rights in certain land located in Wayne National Forest, and the United States, which owns the surface rights in the same property. It essentially involves that portion of the Fifth Amendment to the United States Constitution which requires that compensation be paid for private...

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