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U.S. v. L.E. COOKE CO., INC.

No. 92-5749.

991 F.2d 336 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. L.E. COOKE COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Karen K. Caldwell, U.S. Atty., Office of the U.S. Atty., Lexington, KY, and Jacques B. Gelin, and Evelyn S. Ying (argued and briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, DC, for plaintiff-appellee.

James H. Moore, III (argued and briefed), Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Ashland, KY, and James R. Bailes, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, WV, for defendant-appellant.

Before: KENNEDY, MARTIN and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

Defendant L.E. Cooke Company, Inc. ("Cooke") appeals the district court's judgment awarding it $65,000 as just compensation for the United States Government's taking of mineral rights to certain tracts of land located in Lawrence County, Kentucky. The issues presented on appeal are (1) whether the district court erred in admitting the expert testimony of Samuel Fish, (2) whether the trial court's denial of the motion to strike Fish's alleged...

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