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FALLINI v. U.S.

No. 94-5110.

56 F.3d 1378 (1995)

Susan L. FALLINI, and Joseph B. Fallini, Jr., in each of the following capacities: as an individual person and successor to the interest of Helen Fallini as sole heir of Helene Fallini, deceased, executor of the last will of Helene Fallini, and Trustee of the Helene Fallini Living Trust and the Helene Fallini Living Trust as the sole distributee of the last Will of Helene Fallini, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 8, 1995.

Attorney(s) appearing for the Case

William F. Schroeder, Vale, OR, argued for plaintiffs-appellants. With him on the brief was William A. Schroeder, of Boise, ID.

Peter A. Appel, Attorney, Environment and Natural Resources Div., Dept. of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Lois J. Schiffer, Asst. Atty. Gen., John A. Bryson and Dorothy R. Burakreis, Attorneys. Of counsel was Laura B. Brown, Office of the Sol., Dept. of the Interior, Washington, DC.

James L. Huffman, Dean and Professor of Law Director, Natural Resources Law Institute, Northwestern School of Law, Lewis and Clark College, of Portland, OR, was on the brief for amicus curiae, Water for Life, Inc.

Before MICHEL, LOURIE and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

In this Fifth Amendment "takings" case, the Fallinis, who are engaged in cattle ranching in Nevada, argue that the federal government has taken personal property from them without compensation. The Fallinis contend that the government effected a "taking" by requiring them to provide water to wild horses living in the area in which the Fallinis conducted their ranching activities. The Court of Federal Claims ruled against the Fallinis, concluding...

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