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FRANCES-RALPH REALTY CO. v. UNITED STATES

No. 9150.

52 F.2d 92 (1931)

FRANCES-RALPH REALTY CO. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 30, 1931.

Attorney(s) appearing for the Case

J. L. London, of St. Louis, Mo. (Leahy, Saunders & Walther, of St. Louis, Mo., on the brief), for appellant.

John C. Dyott, Sp. Asst. to the U. S. Atty., of St. Louis, Mo. (Louis H. Breuer, U. S. Atty., of Rolla, Mo., on the brief), for the United States.

Before STONE and GARDNER, Circuit Judges, and MARTINEAU, District Judge.

GARDNER, Circuit Judge.

The United States brought proceedings in the lower court, under the provisions of the Act of Congress of May 15, 1928 (33 USCA § 702a et seq.), to condemn certain lands. There were two proceedings brought, but they were consolidated, and the issues were the same in each case. No questions are raised as to the sufficiency of the pleadings. The Act of May 15, 1928, provides, among other things, as follows: "Sec. 4. The Secretary of War may...

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