WASHINGTON WATER POWER CO. v. UNITED STATES

No. 10127.

135 F.2d 541 (1943)

WASHINGTON WATER POWER CO. et al. v. UNITED STATES. UNITED STATES v. WASHINGTON WATER POWER CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 5, 1943.


Attorney(s) appearing for the Case

Alan G. Paine and H. E. T. Herman, both of Spokane, Wash. (Post, Russell, Davis & Paine, of Spokane, Wash., of counsel), for appellants Washington Water Power et al.

Norman M. Littell, Asst. Atty. Gen., Vernon L. Wilkinson, and Dwight D. Doty, Attys., Department of Justice, both of Washington, D. C., Edward M. Connelly, U. S. Atty., of Spokane, Wash. (B. E. Stoutemyer, District Counsel, Bureau of Reclamation, of Portland, Or., of counsel), for United States of America.

Osee W. Noble, of Republic, Wash., for appellee Ferry County, Wash.

F. Leo Grinstead, of Colville, Wash., for appellee Stevens County, Wash.

Before DENMAN, MATHEWS, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

The government brought a proceeding to condemn certain lands. Both the government and the owner appeal from the judgment fixing "just compensation" therefor.

Part of the lands in question are situated in Ferry County and part in Stevens County, State of Washington. Taxes were levied on the lands by the two counties in October, 1939. The government acquired title to the lands on December 9, 1939. Wash.Rem.Rev.Stat.Ann. § 11265, as...

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