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MALLETTE v. UNITED STATES

No. 12512.

137 F.2d 95 (1943)

MALLETTE et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 21, 1943.

Attorney(s) appearing for the Case

Jean Paul Bradshaw, of Lebanon, Mo. (Claude T. Wood, of Richland, Mo., and Bradshaw & Fields and Robert C. Fields, all of Lebanon, Mo., on the brief), for appellants.

Dwight D. Doty, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., and Vernon L. Wilkinson, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

The main question for decision is whether the appellants, owners of land in Pulaski County, Missouri, taken by the Government in condemnation proceedings for Fort Leonard Wood, a military reservation, are entitled to have a jury determine the issue of the value of their land.1 They have appealed from a judgment confirming the award of commissioners. The appellants had excepted to the award and applied for a jury...

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