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MESSER v. UNITED STATES

No. 11734.

157 F.2d 793 (1946)

MESSER et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 14, 1946.

Attorney(s) appearing for the Case

Wade H. Morton, of Birmingham, Ala., for appellants.

David L. Bazelon, Asst. Atty. Gen., Roger P. Marquis and Jason Lee, Attys., Department of Justice, all of Washington, D. C., John D. Hill, U. S. Atty., of Birmingham, Ala., and Duke Logan, Sp. Atty., Department of Justice, of Anniston, Ala., for appellee.

Before HOLMES, McCORD, and LEE, Circuit Judges.

LEE, Circuit Judge.

The United States in the court below instituted condemnation proceedings to acquire in Jefferson County, Alabama, certain land upon which was situated a house and other improvements, for use during a term of years in connection with the Birmingham Municipal Airport. The United States obtained an order of immediate possession of the property and then removed the house and other improvements. Subsequently, the Supreme Court of Alabama

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