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UNITED STATES v. DES MOINES COUNTY

No. 12962.

148 F.2d 448 (1945)

UNITED STATES v. DES MOINES COUNTY, IOWA, et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 23, 1945.

Attorney(s) appearing for the Case

Vernon L. Wilkinson, of Washington, D. C., Atty., Department of Justice (J. Edward Williams, Acting Head, Lands Division, Department of Justice, of Washington, D. C., Daniel F. Steck, Sp. Asst. to Atty. Gen., and Kelsey M. Mott, of Washington, D. C., Atty., Department of Justice, on the brief), for appellant.

J. A. Dailey, Jr., of Burlington, Iowa, and John Hale, Sp. Asst. Atty. Gen., of Iowa (B. C. Conn and J. C. Pryor, both of Burlington, on the brief), for appellees.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

The question for decision is whether the United States, in condemning, for military purposes, public roads within the area of the Iowa Ordnance Plant, in Des Moines County, Iowa, is obliged to pay the appellees as just compensation (1) the value of the roads taken, or (2) the cost of providing necessary substitute roads, or (3) nominal damages.

The District Court, after the trial of the issue of just compensation or damages in this...

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