STATE ROAD DEPARTMENT OF FLORIDA v. UNITED STATES

No. 12133.

166 F.2d 843 (1948)

STATE ROAD DEPARTMENT OF FLORIDA v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 1, 1948.


Attorney(s) appearing for the Case

Calvin A. Johnson, of Tampa, Fla., for appellant.

A. Devitt Vanech, Asst. Atty. Gen., Roger P. Marquis and Elizabeth Dudley, Attys. Department of Justice, both of Washington, D. C., H. S. Phillips, U. S. Atty., of Tampa, Fla., and William D. Jones, Jr., Special Asst. to Atty. Gen., for the United States.

Before SIBLEY, WALLER, and LEE, Circuit Judges.


WALLER, Circuit Judge.

On the 6th of February, 1943, the United States instituted condemnation proceedings to secure the use during the then existing national emergency of certain parcels of land in St. Lucie County, Florida, as an amphibious training base. The State Road Department of Florida was the owner of the land on which a segment of highway extended into the area taken, but it was not made a defendant in the proceedings nor did the petition attempt, by express...

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