U.S. v. 99.66 ACRES OF LAND

Nos. 90-16464, 90-16699.

970 F.2d 651 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. 99.66 ACRES OF LAND, Defendant, and Stewart Title & Trust Co., of Tucson, as Trustee under Trust No. 3267; Sunburst Investments, Inc., an Arizona Corporation, beneficiary of Title Insurance of Minnesota Trust No. 10,599, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. 99.66 ACRES OF LAND, MORE OR LESS, IN THE COUNTY OF PIMA, STATE OF ARIZONA; Title Insurance Co. of Minnesota, a Minnesota corporation, as Trustee under Trust No. 10,599, and unknown owners, Defendants, and Southern Leasing Co., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 23, 1992.


Attorney(s) appearing for the Case

Joseph L. Esposito, Smitherman & Esposito, Tucson, Ariz., for defendants-appellants Sunburst Investments, Inc., and Stewart Title & Trust Co.

Gerard Anderson, Tucson, Ariz., for defendant-appellant Southern Leasing.

Richard B. Stewart, U.S. Dept. of Justice, Washington, D.C.; Don B. Overall, Asst. U.S. Atty., Tucson, Ariz., Michael K. Baker, Robert L. Klarquist, Ellend J. Durkee, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before: HALL and WIGGINS, Circuit Judges, and KEEP, Chief District Judge.


KEEP, Chief District Judge:

Defendants/Appellants Stewart Title & Trust Co. and Sunburst Investments, Incorporated, the respective titleholder and beneficial owner of land involved in this suit, appeal the judgment in an eminent domain proceeding, contending that the district court erred in excluding valuation and damages testimony and also erred in denying their motion for a new trial. Appellant Southern Leasing appeals an order requiring it to pay restitution...

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