United States v. 2,560.00 Acres of Land, More or Less

JOHN P. MOORE, Circuit Judge.

This is an appeal by the government from a district court’s order affirming a commission’s award of nearly five million dollars for the subordination of certain mineral rights in Washington County, Oklahoma, belonging to Tom Wallingford, Fitz-Lowe, Inc., and Layton Oil Company (defendants). The government argues that this award should be overturned because the commission increased the extent of taken property and permitted a total rather than a partial taking, despite the district court’s contrary instructions. The government also argues that the commission’s…