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U.S. v. 3,218.9 ACRES OF LAND, ETC.

No. 79-2122.

619 F.2d 288 (1980)

UNITED STATES of America, Appellant, v. 3,218.9 ACRES OF LAND, MORE OR LESS, SITUATED IN the COUNTY OF WARREN, STATE OF PENNSYLVANIA and Taxasgulf, Inc. et al.

United States Court of Appeals, Third Circuit.

Decided April 23, 1980.

Attorney(s) appearing for the Case

James W. Moorman, Asst. Atty. Gen., Washington, D.C., Robert J. Cindrich, U.S. Atty., Joel B. Strauss, Asst. U.S. Atty., Pittsburgh, Pa., Dirk D. Snel, Carl Strass (argued), Attys., Dept. of Justice, Washington, D.C., for appellant.

Joseph J. Malizia (argued), Emporium, Pa., for appellees.

Before SEITZ, Chief Judge, ROSENN, Circuit Judge, and SHAPIRO, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal asks us to determine whether a government condemnation of a surface tract of land constituted a taking of the subsurface mineral estates so as to entitle the subsurface owners to monetary compensation. The trial court submitted the issue to a jury which awarded damages to the subsurface owners. We conclude it was error to allow the jury to determine the damages to the subsurface estates under the terms...

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