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JAMES ALEXANDER, INC. v. UNITED STATES

No. 9821.

128 F.2d 82 (1942)

JAMES ALEXANDER, Inc., et al. v. UNITED STATES et al.

Circuit Court of Appeals, Fifth Circuit.

May 4, 1942.

Attorney(s) appearing for the Case

J. T. G. Crawford and Olin E. Watts, both of Jacksonville, Fla., for appellants.

H. S. Phillips, U. S. Atty., of Tampa, Fla., W. Joe Sears, Jr., Sp. Asst. to the Atty. Gen., and John W. Ball, Sp. Atty., Department of Justice, both of Jacksonville, Fla., Norman M. Littell, Asst. Atty. Gen., and John F. Cotter, Atty., Department of Justice, both of Washington, D. C., for appellee United States.

J. Tom Watson, Atty. Gen., State of Florida, and Millard B. Conklin, Asst. Atty. Gen., State of Florida, for appellee State of Florida.

William D. Jones, Jr., of Jacksonville, Fla., for appellee Duval County Air Base Authority.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

This case began with a petition filed Feb. 20, 1940, by the United States to condemn lands in Duval County, Florida, for a naval aviation base. On April 15, James Alexander, Inc., answered claiming title to a parcel of the land, subject to a mortgage in favor of A. L. Lewis. Lewis answered claiming mortgage rights, and also that on March 5, 1940, he had bid in at a public sale for taxes the Alexander, Inc., land, paying $114 therefor. On April...

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