Benning

In these four condemnation cases the District court has, over objections of the United States, affirmed the report and findings of the Commission to which the issue of just compensation had been referred pursuant to Rule 71A(h), F.R. Civ.P. In each case the United States has appealed. Since substantially the same problem is presented by each appeal, the cases were consolidated for argument.

Three of the cases — Benning, Dunshee (under the name of Morrison), and Y-R Ranch — have already been before this court on appeal. United States v. Lewis (9 Cir. 1962), 308 F.2d 453 , 459, 462. In that appeal, upon certain of the Government’s contentions, the district court was affirmed. Upon others, however, we remanded for partial rehearing. The district court there had proceeded to affirm the Commission without benefit of a transcript of the Commission proceedings. We ruled that certain of the Government’s objections “could not receive the consideration required without a transcript in order to ascertain whether the judgment of the Commission * * * is clearly erroneous.” Those rehearings have now been held and it is from the rulings of the district court made on the basis of the rehearings…