United States v. 79.36 Acres of Land, More or Less, in the County of Pima, State of Arizona Caruso's Restaurant, Inc., and Unknown Owners

951 F.2d 364 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. 79.36 ACRES OF LAND, MORE OR LESS, IN THE COUNTY OF PIMA, STATE OF ARIZONA; Caruso's Restaurant, Inc., and Unknown Owners, Defendants-Appellants. No. 90-15779. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 12, 1991. Decided Dec. 20, 1991. Before BRUNETTI and RYMER, Circuit Judges, and SHANSTROM * , District Judge. MEMORANDUM ** In a condemnation action, the government moved to strike defendant landowner's demand for jury trial as untimely. The district court granted the motion, and just compensation for the taking was determined at a bench trial. Defendant appeals from the judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we now reverse and remand. I. On July 9, 1986, the government filed a complaint in condemnation in federal court with respect to property owned by Caruso's Restaurant (defendant) in Pima County, Arizona.…