United States v. 77,819.10 Acres of Land

BARRETT, Circuit Judge.

The United States appeals an award made by a commission and adopted by the district court pursuant to a condemnation proceeding for the taking of an evacuation estate1 to be used in connection with the Athena H Missile project at the White Sands Missile Range in New Mexico. The commission appointed by the Court under Fed.Rules Civ.Proc. rule 71A(h), 28 U.S.C.A. awarded landowners, Jay Taylor and Imogene Taylor (Taylors) and the State of New Mexico (State), $33,735 and $4,237.25, respectively, and the Court entered judgment based upon the commission’s report. This…