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MATTHEWS v. UNITED STATES

Nos. 11694, 11695.

113 F.2d 452 (1940)

MATTHEWS v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 16, 1940

Attorney(s) appearing for the Case

Sam Costen, of Memphis, Tenn., for appellant.

John F. Cotter, Atty., Department of Justice of Washington, D. C., (Norman M. Littell, Asst. Atty. Gen., Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Charles R. Denny and Robert H. Fabian, Attys., Department of Justice, both of Washington, D. C., on the brief), for appellee.

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

WOODROUGH, Circuit Judge.

These appeals are taken to reverse judgments of voluntary non-suit entered on applications of the United States to condemn lands for flowage easement under the Mississippi Flood Control Act, 33 U.S.C.A. §§ 702a-702m. The lands comprise a tract of 20,000 acres in the Birds Point-New Madrid Floodway in New Madrid and Mississippi Counties, Missouri, the title to which is held by the appellant, A. J. Matthews, as trustee. Although the...

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