ST. BERNARD CYPRESS CO. v. UNITED STATES

No. 6668.

65 F.2d 711 (1933)

ST. BERNARD CYPRESS CO., Limited, et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 20, 1933.


Attorney(s) appearing for the Case

R. C. Milling and William J. Guste, both of New Orleans, La., for appellants.

E. E. Talbot, U.S. Atty., and J. W. Hopkins, Sp. Asst. to U.S. Atty., both of New Orleans, La.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

This appeal, like that in Guste v. U.S. (C.C.A.) 55 F.2d 115, attacks a spillway condemnation award. The proceedings were conducted under the authority of the Mississippi River Flood Control Act of May 15, 1928 (33 USCA § 702a et seq.). Section 4 of the act (33 USCA § 702d), authorizing the Secretary of War to cause condemnation proceedings to be instituted, provides: "In all such proceedings the...

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