UNITED STATES v. SUNSET CEMETERY CO.

No. 7885.

132 F.2d 163 (1942)

UNITED STATES v. SUNSET CEMETERY CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 30, 1943.

As Amended March 2, 1943.


Attorney(s) appearing for the Case

Herbert Becker and George S. Freudenthal, Jr., both of Chicago, Ill., for appellant.

Norman M. Littell, Vernon L. Wilkinson, and John F. Cotter, Asst. Attys. Gen., for appellee.

Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Sunset Cemetery Company, defendant in a proceeding brought by the United States to condemn certain land in Cook County, Illinois, appeals from an order dismissing it as a party.

The tract with which we are concerned was owned in fee simple by Curtiss-Wright Corporation, subject, however, to (1) certain easements for highway purposes and (2) an easement in defendant under which it had the right to lay and maintain sewers across the...

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