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UNITED STATES v. CATLIN

No. 8500.

142 F.2d 781 (1944)

UNITED STATES v. CATLIN et al.

Circuit Court of Appeals, Seventh Circuit.

June 2, 1944.

Attorney(s) appearing for the Case

R. H. McRoberts, of St. Louis, Mo., and George D. Burroughs, of Edwardsville, Ill., for appellants.

Howard L. Doyle and Marks Alexander, U. S. Atty., both of Springfield, Ill., George R. Schwartz, Department of Justice, of Jerseyville, Ill., and Norman M. Littell and Vernon L. Wilkinson, Department of Justice, both of Washington, D. C., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

MAJOR, Circuit Judge.

This is a condemnation proceeding instituted by the government March 31, 1942. The petition was filed under the Act of August 18, 1890, as amended, 50 U.S.C.A. § 171, and the Appropriations Act of December 17, 1941, 55 Stat. 810. It was alleged that the land to be condemned was "needed for the site, location, construction and prosecution of works for fortifications," and that the necessary funds had been appropriated. At the government's...

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