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DANFORTH v. UNITED STATES

No. 11255.

105 F.2d 318 (1939)

DANFORTH v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 11, 1939.

Attorney(s) appearing for the Case

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

Thomas E. Harris, Atty., Department of Justice, of Washington, D. C. (Charles E. Collett, Acting Asst. Atty. Gen., C. W. Leaphart, Sp. Asst. to Atty. Gen., and C. R. Denny, Jr., and Jacob N. Wasserman, Attys., Department of Justice, both of Washington, D. C., on the brief), for the United States.

Before SANBORN and THOMAS, Circuit Judges, and SULLIVAN, District Judge.

THOMAS, Circuit Judge.

On petition of the Government we granted a rehearing limited to the single question of whether a taking of the appellant's property has resulted from the operations of the Government in carrying out the provisions of the Mississippi River Flood Control Act of May 15, 1928, 33 U. S.C.A. § 702a et seq., and if so the date upon which the taking occurred.

The argument, as originally presented...

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