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CLARK v. UNITED STATES

No. 13212.

155 F.2d 157 (1946)

CLARK et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 6, 1946.

Attorney(s) appearing for the Case

Roy K. Dietrich, of Kansas City, Mo. (Harvey Burrus, of Independence, Mo., and Gossett, Ellis, Dietrich & Tyler, of Kansas City, Mo., on the brief), for appellants.

George S. Swarth, Atty., Department of Justice, of Washington, D. C. (J. Edward Williams, Acting Head, Lands Division, Department of Justice, of Washington, D. C., Morgan M. Moulder, Sp. Asst. to U. S. Atty., of Kansas City, Mo., and Roger P. Marquis, Atty., Department of Justice, of Washingthon, D. C., on the brief), for appellee.

Before GARDNER, JOHNSEN and RIDDICK, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal by landowners from a judgment entered in a condemnation proceeding instituted by the United States under the Military Purposes Act of July 2, 1917, c. 35, 40 Stat. 241, as amended, 50 U. S.C.A. § 171.

So far as here material the proceedings involved the taking of a tract of 320 acres of land in Jackson County, Missouri, in fee simple for the expansion of the Lake City...

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