UNITED STATES v. CAREY

No. 10398.

143 F.2d 445 (1944)

UNITED STATES v. CAREY et al.

Circuit Court of Appeals, Ninth Circuit.

June 19, 1944.


Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., Carl C. Donaugh, U. S. Atty., and James M. Dillard, Asst. U. S. Atty., both of Portland, Or., and Vernon L. Wilkinson, Wilma C. Martin, and Samuel Billingsley Hill, Jr., Atty., Department of Justice, all of Washington, D. C., for appellant.

J. W. McCulloch and Edwin D. Hicks, both of Portland, Or., for appellees.

Before WILBUR and MATHEWS, Circuit Judges, and McCORMICK, District Judge.


McCORMICK, District Judge.

The United States appeals from an order of the district court dismissing a petition for condemnation, vacating a judgment on a declaration of taking, and striking the declaration of taking in the proceeding from the files of the court.

Epitomized, the record reveals the following situation: On June 14, 1935, the United States instituted proceedings to condemn approximately 3474.34 acres of land in Harney County, Oregon. The original...

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