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STATE OF NEBRASKA v. UNITED STATES

No. 13578.

164 F.2d 866 (1947)

STATE OF NEBRASKA v. UNITED STATES et al.

Circuit Court of Appeals, Eighth Circuit.

December 23, 1947.

Attorney(s) appearing for the Case

Robert A. Nelson, Asst. Atty. Gen. of Nebraska (Walter R. Johnson, Atty. Gen. of Nebraska and C. S. Beck, Deputy Atty. Gen., on the brief), for appellant.

S. Billingsley Hill, of Washington, D. C., Atty., Department of Justice (A. Devitt Vanech, Asst. Atty. Gen., Roger P. Marquis and Jason D. Lee, both of Washington, D. C., Attys., Department of Justice, and Joseph T. Votava, U. S. Atty., of Omaha, Neb., on the brief), for appellee United States of America.

R. H. Beatty, of North Platte, Neb., and Lowell C. Davis, of Sidney, Neb. (R. P. Kepler and Paul L. Martin, both of Sidney, Neb., and M. C. Murphy, of North Platte, Neb., on the brief), for appellees Clara H. McNish, T. C. Spiker and Rush C. Clarke, special administrator of estate of Olive E. Jones, deceased.

Before GARDNER, THOMAS and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The United States instituted condemnation to acquire some 19,500 acres of land in Cheyenne County, Nebraska, in fee simple, as a site for an ammunition storage depot. Two sections in the tract were lands which had been granted to the State of Nebraska under its enabling act, 13 Stat. 47, 49, § 7, "for the support of common schools". At the time of the condemnation, these sections had been leased by the State to private individuals for...

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