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SMYTHE v. UNITED STATES

No. 4268.

169 F.2d 49 (1948)

SMYTHE v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

July 26, 1948.

Attorney(s) appearing for the Case

John E. Hartnett, Jr., of Boston, Mass, (Norman von Rosenvinge, of Boston, Mass., on the brief), for appellant.

William B. Waldo, Sp. Asst. to the Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen. and A. F. Prescott and Frank A. Michels, Sp. Assts. to the Atty. Gen., and George F. Troy, U. S. Atty. and Edward M. McEntee, Asst. U. S. Atty., both of Providence, Rhode Island, on the brief), for appellee.

Before MAGRUDER, GOODRICH (by special assignment), and WOODBURY, Circuit Judges.

GOODRICH, Circuit Judge.

This action was commenced by a petition filed by the United States in the District Court for the District of Rhode Island for the condemnation of certain land1 in Rhode Island which was owned by Bettie Smythe, the appellant. There is no question of the amount of compensation or the propriety of the taking. The only dispute is between appellant and the United States regarding...

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