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U.S. v. 87.98 ACRES OF LAND MORE OR LESS

No. 06-15410.

530 F.3d 899 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. 87.98 ACRES OF LAND MORE OR LESS IN THE COUNTY OF MERCED; California Department of Fish & Game; Karen Adams, LJO, Defendants, and Donn Raymond Campion, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2008.

Attorney(s) appearing for the Case

John Derrick, Santa Barbara, CA, for the defendant-appellant.

Leslie B. Bellas (brief), Mary Gabrielle Sprague (argument), United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the plaintiff-appellee.

Before: WILLIAM C. CANBY, JR. and MILAN D. SMITH, JR., Circuit Judges, and STEPHEN G. LARSON, District Judge.

CANBY, Circuit Judge:

In this case, we review a district judge's discretion to exclude expert testimony regarding electromagnetic fields ("EMFs") in a condemnation action. The United States condemned an easement on land belonging to Donn Campion for the construction of power transmission lines. At trial, both sides offered expert testimony regarding diminution of value of the remaining land resulting from the power lines...

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