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PORTLAND NAT. GAS v. 19.2 ACRES OF LAND

No. 02-1369.

318 F.3d 279 (2003)

PORTLAND NATURAL GAS TRANSMISSION SYSTEM; Maritimes & Northeast Pipeline, L.L.C., Plaintiffs, Appellants, v. 19.2 ACRES OF LAND, More or Less, in Haverhill, MA; 11.36 Acres of Land, more or less, in Haverhill, MA; 9.92 Acres of Land, more or less, in Haverhill, MA; WBC Extrusion Products, Inc.; Fleet Bank of Massachusetts, N.A., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 31, 2003.

Attorney(s) appearing for the Case

James T. Finnigan, with whom Rich May, PC was on brief, for appellants.

James D. Masterman, with whom Richard D. Vetstein and Masterman, Culbert & Tully, LLP were on brief, for appellee WBC Extrusion Products, Inc.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CYR, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

The Fifth Amendment permits the federal government to take personal property for public use, but requires payment of "just compensation." Plaintiffs-appellants, Portland Natural Gas Transmission System and Maritimes & Northeast Pipeline, L.L.C. ("the Pipeline Companies"), took by eminent domain temporary and permanent easements on land in Haverhill, Massachusetts owned by defendant-appellee, WBC Extrusion Products, Inc. ("WBC"), to construct...

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