U.S. v. 819.98 ACR. OF LAND WASATCH & SUM. CTYS., UT

No. 94-4268.

78 F.3d 1468 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. 819.98 ACRES OF LAND, MORE OR LESS, LOCATED IN WASATCH AND SUMMIT COUNTIES, State of UTAH; State of Utah, Defendants, and Stichting Mayflower Recreational Fonds; Stichting Mayflower Mountain Fonds, Defendants-Appellants, Gladys E. Olson Trust, Russell E. Neihart, Consolidated Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 4, 1996.


Attorney(s) appearing for the Case

Lisa E. Jones, Attorney, Department of Justice, Washington, D.C., (Lois J. Schiffer, Assistant Attorney General, Donald F. Rosendorf, Robert L. Klarquist, Albert M. Ferlo, Jr., Attorneys, Department of Justice, Washington, D.C., Scott M. Matheson, Jr., United States Attorney, Stephen Ross and Stephen Sorenson, Assistant United States Attorneys, Salt Lake City, Utah, on the brief), for Plaintiff-Appellee.

E. Craig Smay, Salt Lake City, Utah for Defendants-Appellants.

B. Lloyd Poelman, Kirton & McConkie, Salt Lake City, Utah for Consolidated Defendants-Appellees.

Before BALDOCK, EBEL, and BRISCOE, Circuit Judges.


BALDOCK, Circuit Judge.

This appeal arises from a condemnation action. Defendants Stichting Mayflower Recreational Fonds and Stichting Mayflower Mountain Fonds ("Stichting Mayflower") appeal from a judgment entered on a jury verdict awarding them compensation for land taken by the United States. Stichting Mayflower argues the district court erred in instructing the jury regarding the valuation of the property taken, and erroneously allocated the condemnation award...

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