UNITED STATES v. 94.68 ACRES OF LAND, ST. CHAS. CO., MO.

No. 765.

45 F.Supp. 1016 (1942)

UNITED STATES v. 94.68 ACRES OF LAND, MORE OR LESS, IN ST. CHARLES COUNTY, MO., et al.

District Court, E. D. Missouri, E. D.

July 6, 1942.


Attorney(s) appearing for the Case

Harry C. Blanton, U. S. Atty., Russell Vandivort, Asst. U. S. Atty., and Drake Watson, Sp. Asst. U. S. Atty., all of St. Louis, Mo., and Norman M. Littell, Asst. Atty. Gen., for plaintiff.

Samuel M. Watson, of St. Louis, Mo., Webster Karrenbrock, of St. Charles, Mo., and Redick O'Bryan, of St. Louis, Mo., for defendant.

James E. Carroll, Richmond C. Coburn, William R. Gentry, and R. D. Fitzgibbon, all of St. Louis, Mo., and Robert V. Niedner, of St. Charles, Mo., amici curiae.


COLLET, District Judge.

The question presented for determination is whether the value of the land sought to be condemned shall be fixed by an option contract or by Commissioners in the condemnation suit. The determination of the question depends upon the validity of the so-called option contract. The facts are as follows:

On July 2, 1940, the Congress made provision for the more expeditious acquisition of property needed in the defense of this Nation in the...

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