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EAGLE LAKE IMPROVEMENT CO. v. UNITED STATES

No. 11723.

160 F.2d 182 (1947)

EAGLE LAKE IMPROVEMENT CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 1, 1947.

Attorney(s) appearing for the Case

Felix A. Raymer, R. E. Seagler, and Ralph B. Lee, all of Houston, Tex., J. R. Sorrell, I. W. Keys, and M. G. Eckhardt, Jr., all of Corpus Christi, Tex., Frank B. Lloyd and Jacob S. Floyd, both of Alice, Tex., and Ben H. Powell, of Austin, Tex., for appellants.

David L. Bazelon, Asst. Atty. Gen., and Wilma C. Martin and John F. Cotter, Attys., Department of Justice, both of Washington, D. C., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

In 1940, by condemnation proceedings, the United States acquired title to 1,269.66 acres of land on Flour Bluff Peninsula, near Corpus Christi, Texas, for use in establishing the Corpus Christi Naval Air Station. The appeal is from a final judgment, entered on a jury verdict, awarding compensation for the taking of the property.

Three questions are presented: (1) Whether, when land upon which there are outstanding mineral leases is condemned...

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