Legal Opinion

United States v. Benning

Court of Appeals for the Ninth Circuit

Decided February 14, 1964No. Nos. 18557-18559, 18630PublishedCited by 20 opinions

1Opinion of the Court

MERRILL, Circuit Judge.

In these four condemnation cases the District court has, over objections of the United States, affirmed the report and findings of the Commission to which the issue of just compensation had been referred pursuant to Rule 71A(h), F.R. Civ.P. In each case the United States has appealed. Since substantially the same problem is presented by each appeal, the cases were consolidated for argument.

Three of the cases — Benning, Dunshee (under the name of Morrison), and Y-R Ranch — have already been before this court on appeal. United States v. Lewis (9 Cir. 1962), 308 F.2d 453,…

2Cases cited8 opinions

  1. Olson v. United StatesSupreme Court of the United States · 1934
  2. United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
  3. United States v. New River Collieries Co.Supreme Court of the United States · 1923
  4. United States v. Tampa Bay Garden Apartments, Inc. And Tampa Bay Manor, Inc.Court of Appeals for the Fifth Circuit · 1961
  5. United States v. Twin City Power Company of Georgia, Twin City Power Company of Georgia v. United StatesCourt of Appeals for the Fifth Circuit · 1958

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3Cited by20 opinions

  1. Georgia-Pacific Corp. v. United StatesUnited States Court of Claims · 1980
  2. Wendell S. Wilson and Mary Ellen R. Wilson, His Wife v. United StatesCourt of Appeals for the Tenth Circuit · 1965
  3. Desert Citizens Against Pollution v. BissonCourt of Appeals for the Ninth Circuit · 2000
  4. United States v. 760.807 Acres of LandCourt of Appeals for the Ninth Circuit · 1984
  5. Investors Funding Corporation of New York v. BloorCourt of Appeals for the Second Circuit · 1979

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