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UNITED STATES v. 6.74 ACRES OF LAND, ETC.

No. 11007.

148 F.2d 618 (1945)

UNITED STATES v. 6.74 ACRES OF LAND IN DADE COUNTY, FLA., et al.

Circuit Court of Appeals, Fifth Circuit.

April 11, 1945.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., Vernon L. Wilkinson and Kelsey Martin Mott, Attys., Department of Justice, both of Washington, D. C., and Stuart W. Patton, Sp. Atty., Department of Justice, of Miami, Fla., for appellant.

Robert H. Anderson and Alfred L. McCarthy, both of Miami, Fla., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

The question before us is: May the United States, while in possession of land under a lease with the purported owner, condemn the full fee simple title thereto?

On October 26, 1943, the United States filed a petition in condemnation to acquire the fee title to two tracts of land needed in connection with the expansion of Miami Beach Air Base, Florida, for use as a dry storage warehouse for a military airfield and related military purposes...

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