United States v. 60.22 Acres Of Land, More Or Less, Situate In Klickitat County, State Of Washington

638 F.2d 1176 UNITED STATES of America, Plaintiff-Appellant, v. 60.22 ACRES OF LAND, MORE OF LESS, SITUATE IN KLICKITAT COUNTY, STATE OF WASHINGTON; Dickey Farms, Inc., a corporation; Klickitat County, Washington, a municipal corporation; and Unknown Owners, Defendants-Appellees. No. 78-1132. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 19, 1980. Decided Sept. 5, 1980. Edward J. Shawaker, Washington, D. C., argued for plaintiff-appellant; James W. Moorman, Washington, D. C., on brief. John L. Schwabe, Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for defendants-appellees. Appeal from the United States District Court for the Eastern District of Washington. Before CHOY and FERGUSON, Circuit Judges, and BARTELS, * District Judge. CHOY, Circuit Judge: 1 The district court determined that a 1938 condemnation judgment did not grant the Government an unrestricted flowage easement over specified lands and, accordingly, fixed just compensation for the easement. Finding the district court's determination to be incorrect, we reverse and remand the case for further proceedings. 2 In 1975 the Government filed a complaint in condemnation seeking…