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PHILLIPS v. UNITED STATES

No. 8651.

151 F.2d 645 (1945)

PHILLIPS v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

As Amended on Denial of Rehearing November 26, 1945.

Attorney(s) appearing for the Case

Norman M. Littell, J. Edward Williams, Vernon L. Wilkinson, Roger P. Marquis, and Ralph S. Boyd, Department of Justice, all of Washington, D. C., and J. Albert Woll and Clarence W. Beatty, Jr., both of Chicago, Ill., for appellant.

Thomas C. Donovan and Charles E. Loy, both of Chicago, Ill. (Samuel K. Markman and John P. Sullivan, both of Chicago, Ill., of counsel), for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This appeal involves an action brought under the Tucker Act, 28 U.S.C.A. § 41 (20), to recover the value of plaintiff's alleged oral lease of certain farm lands. The court tried the case without a jury, found the issues against the defendant, assessed the damages at $1,000 and entered judgment thereon, from which defendant appealed.

It appears that Michael and Maria Riley owned a farm in Will County, Illinois, and that on May 28...

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