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UNITED STATES v. CHICAGO, M., ST. P. & P. R. CO.

Nos. 11300, 11301.

113 F.2d 919 (1940)

UNITED STATES v. CHICAGO, M., ST. P. & P. R. CO. et al. (two cases).

Circuit Court of Appeals, Eighth Circuit.

July 30, 1940.

Attorney(s) appearing for the Case

Lawrence S. Apsey, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., John J. Courtney, Sp. Asst. to the Atty. Gen., and Jacob N. Wasserman, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

A. C. Erdall, of Minneapolis, Minn. (F. W. Root and C. O. Newcomb, both of Minneapolis, Minn., A. N. Whitlock, of Missoula, Mont., and C. S. Jefferson, of Chicago, Ill., on the brief), for appellees.

Before GARDNER and SANBORN, Circuit Judges, and COLLET, District Judge.

SANBORN, Circuit Judge.

These appeals are from judgments awarding compensation to appellees in condemnation proceedings brought by the United States to acquire the right to flood — above Government Dam No. 5 in the Mississippi River — the right-of-way and embankment of the appellee Railroad Company upon which its tracks and the telegraph line of the appellee Western Union Telegraph and Cable Company are located. These judgments included compensation...

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