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TOWN OF NORTH BONNEVILLE v. CALLAWAY

No. 91-36254.

10 F.3d 1505 (1993)

TOWN OF NORTH BONNEVILLE, a municipal corporation of the State of Washington, Plaintiff-Appellant, v. Howard A. CALLAWAY, Secretary of the Army; William C. Gribble, Jr., Lt. Gen., U.S.A., Chief, United States Army Corps of Engineers; Harvey P. Arnold, Col., U.S.A., District Engineer, Portland District, United States Army Corps of Engineers, and the United States of America, Defendants-Appellees. UNITED STATES of America, Plaintiff, v. TOWN OF NORTH BONNEVILLE, Defendant. UNITED STATES of America, Plaintiff-Appellee, v. 264.29 ACRES OF LAND, MORE OR LESS, SITUATED IN SKAMANIA COUNTY, STATE OF WASHINGTON, and City of North Bonneville, a municipal corporation of the State of Washington, and other unknown owners, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. 1.78 ACRES OF LAND, MORE OR LESS, SITUATED IN SKAMANIA COUNTY, STATE OF WASHINGTON, and City of North Bonneville, a municipal corporation of the State of Washington, and other unknown owners, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1993.

Attorney(s) appearing for the Case

James J. Mason, Preston, Thorgrimson, Shidler, Gates & Ellis, Tacoma, WA, for plaintiff-defendant-appellant.

Peter A. Appel, Dept. of Justice, Washington, DC, for defendant-plaintiff-appellee.

Before: BRUNETTI, LEAVY, and TROTT, Circuit Judges.

LEAVY, Circuit Judge:

This is an appeal from summary judgment in favor of the government in four consolidated actions arising out of the relocation of the Town of North Bonneville, Washington (Town), made necessary by the construction of a second powerhouse at Bonneville Dam. We affirm.

BACKGROUND

After the enactment of legislation authorizing the Secretary of the Army to relocate the Town to a new townsite, see Pub.L. No. 93-251, § 83...

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