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UNITED STATES v. HESS

No. 9805.

70 F.2d 142 (1934)

UNITED STATES v. HESS.

Circuit Court of Appeals, Eighth Circuit.

February 27, 1934.

Attorney(s) appearing for the Case

George C. Sweeney, Asst. Atty. Gen. (Louis H. Breuer, U. S. Atty., of Rolla, Mo., Bryan Purteet, Asst. U. S. Atty., of St. Louis, Mo., and John C. Dyott and Aubrey Lawrence, Sp. Assts. to Atty. Gen., on the brief), for the United States.

R. B. Oliver, Jr., of Cape Girardeau, Mo. (R. B. Oliver, Allen L. Oliver, and Oliver & Oliver, all of Cape Girardeau, Mo., on the brief), for appellee.

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

WOODROUGH, Circuit Judge.

Proceedings were regularly instituted by the United States against one Price F. Hess, a lady residing in Charleston, Mo., and others, to condemn a flowage easement over tracts of land in Mississippi county, Mo., in furtherance of the Mississippi flood control project created by the Act of May 15, 1928, 45 Stat. 534, title 33 USCA, c. 15, § 702a et seq. Upon filing the petition, process was served upon the owners, and three commissioners...

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