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SMITHER v. UNITED STATES

No. 48650.

91 F.Supp. 582 (1950)

SMITHER v. UNITED STATES.

United States Court of Claims.

July 10, 1950.

Attorney(s) appearing for the Case

No appearance for plaintiff.

Thomas L. McKevitt, Washington, D. C., with whom was Assistant Attorney General A. Devitt Vanech, for defendant. M. Mitchell Bourquin and John E. Lynch, San Francisco, Cal., were on the brief.

Before JONES, Chief Judge and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

JONES, Chief Judge.

We are required to determine the value of 157.59 acres of land flooded by the waters of Shasta Dam in California. Flooding commenced on January 25, 1944. Although one and one-half acres of the tract were not inundated, neither party disputes that there has been a taking of the entire tract. Defendant has taken a fee simple interest in all of plaintiff's land. Plaintiff has been paid nothing and is entitled...

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