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GOODMAN v. UNITED STATES

No. 11680.

113 F.2d 914 (1940)

GOODMAN et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

August 6, 1940.

Attorney(s) appearing for the Case

John J. Hess, of Council Bluffs, Iowa (George H. Mayne, of Council Bluffs, Iowa, H. P. Savage, of Rockport, Mo., and George H. Mayne, II, of Council Bluffs, Iowa, on the brief), for appellants.

Cloid I. Level, Asst. U. S. Atty., of Des Moines, Iowa, and Tom E. DeWolfe, Atty., Department of Justice, of Washington, D. C., (Hugh B. McCoy, U. S. Atty., of Oskaloosa, Iowa, on the brief), for appellee.

Before WOODROUGH and THOMAS, Circuit Judges, and BELL, District Judge.

THOMAS, Circuit Judge.

This appeal is from an order dismissing plaintiffs' cause of action solely on the ground that the court is without jurisdiction of the subject matter.

Plaintiffs' cause of action is asserted in a petition containing two counts, both under the Tucker Act. Title 28 U.S.C.A. § 41(20). The claim is founded upon the Act of Congress of January 21, 1927, 44 Stat. 1010, 1013, authorizing the improvement of the Missouri river between Kansas...

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