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UNITED STATES v. 5.96 ACRES OF LAND

Nos. 77-1557, 77-2215.

593 F.2d 884 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. 5.96 ACRES OF LAND, more or less, situated in Skamania County, State of Washington, Knappton Towboat Company, a corporation, and the State of Washington, Department of Natural Resources, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

March 22, 1979.

Attorney(s) appearing for the Case

J. Lawrence Coniff, Jr., Asst. Atty. Gen. (argued), Olympia, Wash., Robert M. Schaefer (argued), Vancouver, Wash., for defendants-appellants.

Jacques B. Gelin, Atty. (argued), Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before WRIGHT and ANDERSON, Circuit Judges, and TAKASUGI, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

To expedite completion of the Bonneville Second Powerhouse Project, the United States filed this action seeking flowage easements and condemnation of certain lands adjacent to the Columbia River. Appellant Knappton Towboat Company (Knappton) leases aquatic lands from the State of Washington (the State). Pursuant to these leases, Knappton has constructed pilings, dolphins, and dikes in and along the waters near the juncture of the...

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