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SCHIEFELBEIN v. UNITED STATES

No. 11899.

124 F.2d 945 (1942)

SCHIEFELBEIN et ux. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

January 13, 1942.

Attorney(s) appearing for the Case

Samuel L. Winters, of Omaha, Neb., for appellants.

Roger P. Marquis, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Daniel F. Steck, Sp. Asst. to Atty. Gen., Bailey C. Webber, Atty., Department of Justice, of Ottumwa, Iowa, and Charles R. Denny, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before STONE and JOHNSEN, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

The chief question presented is: When the United States, exercising the power of eminent domain, severs a public highway by taking land and so destroys the only access a person has to property he owns, is that person entitled to compensation?

Appellant, Fay H. Schiefelbein (appellant Verna Schiefelbein is his wife), owned, in Iowa, 700 acres in a triangularly shaped tract along two sides and about the apex of which the Missouri River...

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