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UNITED STATES v. STATE OF ARKANSAS

No. 13493.

164 F.2d 943 (1947)

UNITED STATES v. STATE OF ARKANSAS et al.

Circuit Court of Appeals, Eighth Circuit.

December 26, 1947.

Attorney(s) appearing for the Case

S. Billingsley Hill, Atty., Dept. of Justice, of Washington, D. C. (A. Devitt Vanech, Asst. Atty. Gen., R. S. Wilson, of Fort Smith, Ark., U. S. Atty., John E. Harris, Sp. Asst. to the Atty. Gen., and Roger P. Marquis, Atty., Dept. of Justice, of Washington, D. C., on the brief), for appellant.

Neill Bohlinger, Gen. Counsel, Arkansas State Highway Commission, of Little Rock, Ark (Guy A. Williams, Atty. Gen., of the State of Arkansas, and Cleveland Holland, Asst. Atty. Gen., of the State of Arkansas, on the brief), for appellees.

Before GARDNER, THOMAS and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the United States from a judgment fixing the amount of "just compensation" in a condemnation proceeding. The jurisdiction of the court arises under the General Condemnation Act of August 1, 1888, 40 U.S.C.A. § 257. Authority to acquire the lands involved is granted in the Flood Control Acts of June 22, 1936, c. 688, 49 Stat. 1570, and June 28, 1938, c. 795, 52 Stat. 1215, 1218, 33 U.S.C.A. § 701a et seq.

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