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UNITED STATES v. DIECKMANN

No. 6572.

101 F.2d 421 (1939)

UNITED STATES v. DIECKMANN et al.

Circuit Court of Appeals, Seventh Circuit.

January 13, 1939.

Attorney(s) appearing for the Case

Andrew W. Kops, of Cincinnati, Ohio, and R. E. Noelker, of Batesville, Ind., for appellants.

Carl McFarland, Asst. Atty. Gen., Val Nolan, U. S. Atty., of Indianapolis, Ind., and Thomas E. Harris, C. R. Denny, Jr., and L. E. Jones, Jr., all of Washington, D. C., for the United States.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.

SPARKS, Circuit Judge.

This appeal from a judgment of award in a condemnation proceeding raises the question of the constitutionality of the action of the Federal Government in condemning privately owned land in an organized State for the purpose of creating a "demonstrational recreational park," pursuant to Title 2 of the National Industrial Recovery Act of 1933, § 201 et seq., 40 U.S. C.A. § 401 et seq.

Appellee filed its petition for condemnation...

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