SHEVLIN CO. v. UNITED STATES

No. 10619.

146 F.2d 616 (1944)

E. C. SHEVLIN CO. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 21, 1944.


Attorney(s) appearing for the Case

Hampson, Koerner, Young & Swett and James C. Dezendorff, all of Portland, Ore., for appellant.

Norman M. Littell, Asst. Atty. Gen., and Vernon L. Wilkinson and Fred W. Smith, Attys., Dept. of Justice, both of Washington, D. C., for appellee.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.


PER CURIAM.

This is an appeal from an ex parte order of the District Court for the District of Oregon setting aside a judgment entered March 1, 1943, awarding appellant damages in a proceeding to condemn appellant's Oregon land.

The ex parte order is based on a finding stated in the order that the losing party, the United States, "believes it expedient to introduce further testimony in this cause relating to the fair market value of the property, including...

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