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U.S. v. 4.0 ACRES OF LAND

No. 98-15144.

175 F.3d 1133 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. 4.0 ACRES OF LAND, more or less, situated in the City of Tucson, Pima County, State of Arizona, Defendant, and Allan J. Norville; Alfena A. Norville, wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1999.

Attorney(s) appearing for the Case

Jeffrey C. Dobbins, United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

C. Lawrence Schubart, Stubbs & Schubart, Tucson, Arizona, for the defendants-appellees.

Before: FLETCHER and TASHIMA, Circuit Judges, and FITZGERALD District Judge.

FLETCHER, Circuit Judge:

Allan J. Norville, a property owner in Tucson, Arizona, sought just compensation for his land that the United States condemned for a new federal courthouse building. After the first jury awarded $2.5 million, the district court granted Norville's motion for a new trial.

Upon retrial, the second jury returned a verdict of $8.4 million. On appeal, the United States asserts that the original jury verdict should not have been set aside...

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