Opinion
Civil No. 02-0090-S-EJL.
June 14, 2002
ORDER
Based upon the United States of America' and Idaho Department of Health and Welfare's Stipulation, for good cause shown and being fully advised in the premises;
IT IS HEREBY ORDERED that:
1. Judgment may be entered in favor of the United States of America as prayed for in the First Amended Answer, Counterclaim and Third-Party Complaint.
2. No costs or fees will be assessed against Third-Party Defendant Idaho Department of Health Welfare.
3. In the event of a judicial a decree of condemnation in favor of the United States of America and a determination that the Counter-Defendant Dawn T. Donohue and/or Third-Party Defendant David D. Donohue are entitled to an award of just compensation in accordance with 28 U.S.C. § 2409a and/or Rule 71A of the Federal Rules of Civil Procedure, any such proceeds, beyond the United States of America's costs and expenses of this litigation shall be applied to any junior liens in the order of their priority under law, including, but not limited to, the lien of Third-Party Defendant Idaho Department of Health Welfare, Lien No. 16083, filed on or about July 10, 1994, Official Records of Ada County.