DADE COUNTY, FLA. v. UNITED STATES

No. 10926.

142 F.2d 230 (1944)

DADE COUNTY, FLA., v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 22, 1944.


Attorney(s) appearing for the Case

J. Mark Wilcox, of Miami, Fla., for appellant.

Roger P. Marquis, Atty., Department of Justice, of Washington, D. C., Norman M. Littell, Asst. Atty. Gen., and Vernon L. Wilkinson, Chief of Appellate Section, Lands Division, Department of Justice, of Washington, D. C., Stuart W. Patton, Sp. Atty., Lands Division, Department of Justice, of Miami, Fla., and H. S. Phillips, U. S. Atty., of Tampa, Fla., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.


SIBLEY, Circuit Judge.

The question immediately for decision is whether the appeal is from a final judgment so as to give this court jurisdiction under 28 U.S.C.A. § 225.

On Feb. 12, 1943, a proceeding was filed in the District Court for condemnation under stated Acts of Congress, including the Second War Powers Act of March 27, 1942, 50 U.S.C.A. Appendix, § 632, of a tract of land in Dade County, Florida, determined by the Secretary of War to be...

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