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U.S. v. 150.29 ACRES OF LAND, ETC., IN MILWAUKEE C., WIS.

No. 8232.

135 F.2d 878 (1943)

UNITED STATES v. 150.29 ACRES OF LAND, MORE OR LESS, IN MILWAUKEE COUNTY, WIS., et al. ELINE'S, Inc., v. TOWN OF MILWAUKEE, WIS., et al.

Circuit Court of Appeals, Seventh Circuit.

May 19, 1943.

Attorney(s) appearing for the Case

James D. Shaw, Martin R. Paulsen, Walter D. Corrigan, Sr., Kenneth F. Webster, and Francis H. Parson, all of Milwaukee, Wis., for appellant.

Fred W. Smith, Department of Justice, of Washington, D. C., John E. Martin and Harold H. Persons, Asst. Attys. Gen., and C. R. Dineen and Geo. H. Gabel, both of Milwaukee, Wis. (Oliver L. O'Boyle, Corp. Counsel, and C. Stanley Perry, Asst. Corp. Counsel, both of Milwaukee, Wis., of counsel), for appellees.

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

MINTON, Circuit Judge.

On April 20, 1942 the United States filed in the District Court of the United States for the Eastern District of Wisconsin a petition for the condemnation of certain lands owned and occupied by the appellant, Eline's, Inc. On the same date the court entered an order for possession of the unoccupied part as of April 20, 1942, and the occupied part as of April 30, 1942, and the United States accordingly went into possession of part of the property...

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