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UNITED STATES v. IRIARTE

Nos. 4285, 4286.

166 F.2d 800 (1948)

UNITED STATES v. IRIARTE et al. IRIARTE et al. v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

March 11, 1948.

Attorney(s) appearing for the Case

Jason D. Lee, Atty., Dept. of Justice, of Washington, D. C. (A. Devitt Vanech, Asst. Atty. Gen., Philip F. Herrick, U. S. Atty., of San Juan, P. R., and Roger P. Marquis, of Washington, D. C., on the brief), for United States.

Celestino Iriarte, Jr., of San Juan, P. R., José A. Poventud, of Ponce, P. R., and F. Fernandez Cuyar, of San Juan, P. R., for Celestino Iriarte, Jr., and others.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

These are cross appeals from a judgment in a condemnation case entered by the District Court of the United States for Puerto Rico following our mandate to that court on previous cross appeals taken by the parties from a prior judgment of the court below in the case.

In our opinion on the former cross appeals1 we considered these issues: (1) the statutory authority of the United States to take the land in...

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