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HENDLER v. U.S.

No. 97-5143.

175 F.3d 1374 (1999)

Henry HENDLER, Paul Garrett and Tillie Goldring as Trustees for Henry Hendler and Irving Gronsky, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 11, 1999.

Attorney(s) appearing for the Case

John D. Hoffman, Ellman, Burke, Hoffman & Johnson, A.P.C., San Francisco, California, argued, for plaintiffs-appellants. With him on the brief were Howard N. Ellman and David H. Blackwell. Of counsel on the brief was Paul Hamilton, Jeffer, Mangels, Butler & Marmaro, LLP, Los Angeles, California. Of counsel was Kenneth N. Burns, Ellman, Burke, Hoffman & Johnson, A.P.C., San Francisco, California.

David C. Shilton, Environmental and Natural Resources Division, U.S. Department of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief were Lois J. Schiffer, Assistant Attorney General, Robert L. Klarquist, David F. Shuey, and Eric S. Gould, Attorneys, General Litigation Section. Of counsel on the brief were David Coursen, Attorney, Office of General Counsel, U.S. Environmental Protection Agency, Washington, DC and Laurie Williams, Attorney, U.S. Environmental Protection Agency, San Francisco, California.

Before PLAGER, Circuit Judge, ARCHER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

PLAGER, Circuit Judge.

In this takings case, we approach the final chapter in a decade-long dispute between the landowners and the Government. The dispute was initiated when the Government entered upon the land of the plaintiffs, without their consent and over their objection, for the purpose of sinking wells for monitoring of ground water migration from adjacent properties. Over time the Government continued to establish additional wells and to service them, all...

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