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McMANUS v. UNITED STATES

No. 4671.

10 F.2d 971 (1926)

McMANUS et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 29, 1926.

Attorney(s) appearing for the Case

R. B. Creager, of Brownsville, Tex., Geo. A. Hill, Jr., of Houston, Tex., Chas. F. O'Donnell, of Dallas, Tex., and T. M. Kennerly, of Houston, Tex. (Cockrell, McBride, O'Donnell & Hamilton, of Dallas, Tex., and Kennerly, Williams, Lee & Hill, of Houston, Tex., on the brief), for plaintiffs in error.

Henry Zweifel, U. S. Atty., and N. A. Dodge, Sp. Asst. U. S. Atty., both of Fort Worth, Tex. (Shelby S. Faulkner, Asst. U. S. Atty., of Washington, D. C., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

In this case plaintiffs in error, hereafter referred to as plaintiffs, brought suit under the Tucker Act (24 Stat. 505), to recover of the United States for the use and possession of certain premises in the town of Ranger, Tex., used as a post office, for which it is alleged a reasonable rental would be $350 per month. The jury was waived, and the case submitted to the judge, who made special findings of fact and conclusions of law. There is...

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