United States v. 101.80 Acres of Land, More or Less, in Idaho County, Idaho, Joseph Schwartz and Lorena Rose Schwartz, United States of America v. 35.54 Acres of Land, More or Less, in Idaho County, Idaho, Ora Hazelbaker, a Widow

716 F.2d 714 20 ERC 1011 UNITED STATES of America, Plaintiff-Appellee, v. 101.80 ACRES OF LAND, MORE OR LESS, IN IDAHO COUNTY, IDAHO, Joseph Schwartz and Lorena Rose Schwartz, et al., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. 35.54 ACRES OF LAND, More or Less, In IDAHO COUNTY, IDAHO, Ora Hazelbaker, a widow, et al., Defendants-Appellants. Nos. 82-3044, 82-3046. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1982. Decided Sept. 23, 1983. Jacques B. Gelin, Washington, D.C., for plaintiff-appellee. Donald W. Lojek, Parkinson, Lojek, Penland, Boise, Idaho, for defendants-appellants. Appeal from the United States District Court for the District of Idaho. Before KILKENNY, CHOY, and FLETCHER, Circuit Judges. FLETCHER, Circuit Judge: 1 These consolidated appeals are taken from two condemnation proceedings in which the compensation eventually awarded to the condemnee for an easement taken by the government far exceeded the amount originally deposited with the court by the United States. The district court denied each condemnee recovery of costs, attorney fees, and expenses against the United States under 28 U.S.C. Sec. 2412 (Supp.…