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WERNER v. U.S.

No. 92-3040.

9 F.3d 1514 (1993)

Thomas F. WERNER, Ruth E. Werner, David Litwack, Yvette A. Litwack, William Wargo, Lynn Wargo, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 28, 1993.

Attorney(s) appearing for the Case

D. Michael Chesser, Chesser, Wingard, Barr, Whitney, Flowers & Fleet, P.A., Shalimar, FL, for plaintiffs-appellants.

Michael P. Finney, Asst. U.S. Atty., Office of the U.S. Atty., Pensacola, FL, Donald R. Fitch, Atty. Advisor, Office of the Staff Judge Advocate, Air Force Development Test Center, Eglin Air Force Base, FL, for defendant-appellee.

Before ANDERSON and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

Appellants, plaintiffs below, are owners of a small parcel of land located on Choctawhatchee Bay in northern Florida. The property is bounded on three sides by water and on the fourth side by land that is part of Eglin Air Force Base, a facility of the United States. It is physically impossible to enter plaintiffs' property by land without crossing over the adjoining Eglin land.

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