United States v. 2,124.67 Acres of Land

JAMES M. CARTER, District Judge.

As part of pretrial procedure under Rule 16, F.R.C.P., 28 U.S.C.A., the plaintiff and the defendants, Dwight Murphy and Grace Murphy, raise a question for determination prior to trial.

For the purpose of this ruling only, plaintiff concedes that the facts as set forth by defendant land owners are correct, and proceeding arguendo, contends that the land owners may not recover in this proceeding for an alleged loss of a stream of cold water, hot sulphur springs and a flow of hot sulphur water below the springs.

The declaration of taking was filed July 26, 1950, and…