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UNITED STATES v. 1,997.66 ACRES OF LAND, MORE OR LESS, ETC.

No. 12483.

137 F.2d 8 (1943)

UNITED STATES v. 1,997.66 ACRES OF LAND, MORE OR LESS, IN POLK COUNTY, IOWA, et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 13, 1943.

Attorney(s) appearing for the Case

Vernon L. Wilkinson, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Maurice F. Donegan, U. S. Atty., of Davenport, Iowa, Daniel F. Steck, Sp. Asst. to the Atty. Gen., and S. Billingsley Hill, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

Hallagan, Fountain, Steward & Cless and P. H. Cless, all of Des Moines, Iowa, for appellee W. J. Porter and others.

Lappen & Carlson and Eskil C. Carlson, all of Des Moines, Iowa, for appellee John E. Lundstrom and others.

Before STONE, WOODROUGH, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

Three questions under the Declaration of Taking Act of February 26, 1931, 46 Stat. 1421, 1422, 40 U.S.C.A. §§ 258a-258e, are here involved.

The first is whether it is contemplated under the Act that the United States shall have any right to amend the declaration of taking filed in a condemnation proceeding, for the purpose of reducing an erroneous estimate of just compensation for the land taken, and to permit the Government...

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