UNITED STATES v. KENNESAW MOUNTAIN BATTLEFIELD ASS'N

Nos. 8822, 8896.

99 F.2d 830 (1938)

UNITED STATES v. KENNESAW MOUNTAIN BATTLEFIELD ASS'N. KENNESAW MOUNTAIN BATTLEFIELD ASS'N v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 14, 1938.


Attorney(s) appearing for the Case

Lawrence S. Apsey, Atty., Department of Justice, of Washington, D. C., J. W. Cooper, Sp. Atty., Department of Justice, of Knoxville, Tenn., and Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga.

Clint W. Hager, Walter S. Dillon, and Sam'l D. Hewlett, all of Atlanta, Ga., for Kennesaw Mountain Battlefield Ass'n.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

Appeal and cross appeal in a condemnation suit, entered on a verdict increased from $9,000 to $16,000 by an additur, required by the District Judge and consented to by the United States.

Appellant insists that the District Judge was, under the circumstances existent here, without authority to require an additur, and that, despite its consent to the increase, judgment should have been entered for it on the original verdict.

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