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UNITED STATES v. SHINGLE

No. 7975.

91 F.2d 85 (1937)

UNITED STATES v. SHINGLE et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 19, 1937.

Attorney(s) appearing for the Case

Ingram M. Stainback, U. S. Atty., and J. Frank McLaughlin and Jean Vaughn, Asst. U. S. Attys., all of Honolulu, Hawaii, and H. H. McPike, U. S. Atty., of San Francisco, Cal.

Robertson & Castle and A. G. M. Robertson, all of Honolulu, Hawaii, for appellee Campbell Estate Trustees.

Anderson, Marx, Wrenn & Jenks, Robbins B. Anderson, Heaton L. Wrenn, and Norman W. Applegarth, all of Honolulu, Hawaii, for appellee Oahu Ry. & Land Co.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

MATHEWS, Circuit Judge.

The United States, hereinafter called appellant, brought this condemnation proceeding under and pursuant to the Act of April 14, 1930, c. 149, 46 Stat. 165, which provides:

"That the Secretary of the Navy is hereby authorized to examine and appraise the value of all privately owned rights of fishery in Pearl Harbor, island of Oahu, Territory of Hawaii, lying between extreme high-water mark and the sea and in and about the entrance channel...

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