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BOGART v. UNITED STATES

No. 3619.

169 F.2d 210 (1948)

BOGART et ux. v. UNITED STATES.

Circuit Court of Appeals. Tenth Circuit.

July 22, 1948.

Attorney(s) appearing for the Case

Dale M. Stucky, of Wichita, Kan. (Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, and Manford Holly, all of Wichita, Kan., on the brief), for appellants.

Elizabeth Dudley, Atty., Dept. of Justice, of Washington, D. C. (A. Devitt Vanech, Asst. Atty. Gen., Paul L. Aylward, Sp. Atty., Dept. of Justice, of Ellsworth, Kan., and Roger P. Marquis, Atty., Dept. of Justice, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

John W. Bogart was the fee owner of 240 acres of land situated in Greenwood County, Kansas. On March 25, 1946, the Inland Construction Company1 acquired a rock and gravel lease on 7½ acres of the land. On March 26, 1946, the United States instituted a proceeding for condemnation of the land. On the same day, an order was entered in the proceedings granting the United States immediate and exclusive possession...

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