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UNITED STATES v. KATZ DRUG CO

Nos. 12681, 12690.

150 F.2d 681 (1945)

UNITED STATES v. KATZ DRUG CO. et al. KATZ DRUG CO. v. UNITED STATES et al.

Circuit Court of Appeals, Eighth Circuit.

July 31, 1945.

Attorney(s) appearing for the Case

Paul R. Stinson, of Kansas City, Mo. (Arthur Mag and Stinson, Mag, Thomson, McEvers & Fizzell, all of Kansas City, Mo., on the brief), for Katz Drug Company.

Wilma C. Martin, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Vernon L. Wilkinson, Atty., Department of Justice, and J. Edward Williams, Acting Head, Lands Division, both of Washington, D. C., and Maurice M. Milligan, U. S. Atty., of Kansas City, Mo., on the brief), for the United States of America.

Before GARDNER, THOMAS, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The United States and Katz Drug Co. have both appealed from a condemnation award of $4,353.50 in favor of Katz and against the United States. The parties had waived appointment of commissioners under the Missouri statutes and also a jury trial, and the compensation was fixed by the court.

The United States, at the request of the Secretary of War, had instituted condemnation on July 11, 1942, under section 201, Title II, of the Second...

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