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SHEWFELT v. U.S.

Nos. 96-5009, 96-5010.

104 F.3d 1333 (1997)

Leonard R. SHEWFELT, John F. Garland, Imperial County Land Company and Leonard R. Shewfelt, as Administrator of the Estate of Patrick Shewfelt, deceased, Plaintiffs/Cross-Appellants, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 17, 1997.

Attorney(s) appearing for the Case

Richard Laskin, Laskin & Graham, Glendale, CA, argued for plaintiffs/cross-appellants.

Jacques B. Gelin, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C., argued, for defendant-appellant. Also on the brief, were Lois J. Schiffer, Assistant Attorney General, Albert M. Ferlo, Jr. and Silvia Sepulveda-Hambor, Attorneys. Of counsel, were Edward J. Shawaker, Attorney, Department of Justice, and Ray Goldstein, Naval Facilities Engineering Command, U.S. Department of the Navy, Alexandria, VA.

Before ARCHER, Chief Judge, RICH, Circuit Judge, and FRIEDMAN, Senior Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The Court of Federal Claims held that the United States had taken the contingent rights that the appellees had to redeem real property in California and awarded them just compensation. The real property had been deeded to the state for non-payment of county taxes, and the county where the property was located had sold it to the United States after the state, which had acquired title to the property, sold it to the county. The state...

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