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U.S. v. MUÑIZ

Nos. 08-40372, 08-40373.

540 F.3d 310 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Baldomero MUÑIZ; Hilaria Muñiz, Defendants-Appellants. United States of America, Plaintiff-Appellee, v. Pamela Rivas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 2008.

Attorney(s) appearing for the Case

John Emad Arbab (argued), Washington, DC, for U.S.

Jerome William Wesevich (argued), El Paso, TX, Robert Wayne Doggett, Austin, TX, Celestino Antonio Gallegos, Weslaco, TX, for Defendants-Appellants.

Before JOLLY, CLEMENT and OWEN, Circuit Judges.

PER CURIAM:

Baldomero and Hilaria Muñiz and Pamela Rivas (Landowners or Appellants) own 0.35 acres and 2.48 acres of land respectively on the United States' border with Mexico in the Southern District of Texas. The United States Government sought a temporary right of entry to conduct surveys and perform other investigatory work in connection with the construction of a planned border fence. The Government filed a condemnation action in the district court to acquire...

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