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U.S. v. 191.07 ACRES OF LAND

No. 04-35131.

482 F.3d 1132 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. 191.07 ACRES OF LAND, Defendant, and Milan Martinek, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2007.

Attorney(s) appearing for the Case

Lawrence V. Albert, Esq., Anchorage, AK, for the appellant.

Kelly A. Johnson and Katherine W. Hazard, U.S. Department of Justice, Washington, DC, for the appellee.

Before: FARRIS, LEAVY, and RYMER, Circuit Judges.

FARRIS, Circuit Judge:

Milan Martinek appeals the district court's award of $339,850 in compensation for the taking by the United States of his unpatented gold-mining claims in Denali National Park and Preserve. He argues that the district court erred when it determined that he was not entitled to a trial by jury of just compensation for his claims, when it selected a valuation method different from those proposed by the parties, and when it set the rate of prejudgment...

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