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KLK, INC. v. U.S. DEPT. OF INTERIOR

No. 93-35464.

35 F.3d 454 (1994)

KLK, INC., Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF the INTERIOR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1994.

Attorney(s) appearing for the Case

Jacques B. Gelin, U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

Joseph W. Sheehan, Fairbanks, AK, for plaintiff-appellee.

Before: PREGERSON, CANBY, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

The Department of the Interior appeals interlocutorily from the district court's order that a plaintiff in an inverse condemnation action under the Mining in the Parks Act, 16 U.S.C. §§ 1901-12 (1988), is entitled to a jury determination of just compensation. We review the question of entitlement to a jury trial in a federal court de novo. SEC v. Rind, 991 F.2d 1486, 1493 (9th Cir.), cert...

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