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UNITED STATES v. NICKERSON

No. 1781.

2 F.2d 502 (1924)

UNITED STATES v. NICKERSON et al.

Circuit Court of Appeals, First Circuit.

December 13, 1924.

Attorney(s) appearing for the Case

Essex S. Abbott, Sp. Asst. U. S. Atty., of Boston, Mass. (Robert O. Harris, U. S. Atty., and Joseph V. Carroll, Sp. Asst. U. S. Atty., both of Boston, Mass., on the brief), for the United States.

Arthur S. Phillips, of Fall River, Mass., for defendants in error Gilmore and Hall.

William A. Morse, of Boston, Mass., for Theophilus Snow, special administrator for the estate of F. B. Nickerson.

Walter Shuebruk, of Boston, Mass. (Williams & Fuller, of Boston, Mass., on the brief), for defendants in error Hardy and Willett.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

This case grows out of the government's plan to establish a naval aviation station at Chatham, on Cape Cod. The petition is a condemnation, or more accurately a valuation, proceeding brought under the statutory provisions described in Turner v. Woodard, 259 F. 737, 740, 170 C. C. A. 537. Attached to the petition, and made part thereof by reference, is a letter from the Acting Secretary of the Navy to the Attorney General, in which there is...

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