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UNITED STATES v. TAVARES CONST. CO.

No. 11820.

175 F.2d 379 (1949)

UNITED STATES v. TAVARES CONST. CO., Inc., et al. TAVARES CONST. CO., Inc., et al. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 1, 1949.

Attorney(s) appearing for the Case

John M. Martin, Frank L. Martin, Jr., Los Angeles, Cal., for appellant.

A. Devitt Vanech, Asst. Atty. Gen., James M. Carter, U. S. Atty., Los Angeles, Cal., C. U. Landrum, Sp. Asst. to Atty. Gen., Roger P. Marquis, George S. Swarth, Atty. Dept. of Just., Washington, D. C., for appellee.

Before MATHEWS and STEPHENS, Circuit Judges, and DRIVER, District Judge.

MATHEWS, Circuit Judge.

In the United States District Court for the Southern District of California, the United States, hereafter called plaintiff, instituted a proceeding for the condemnation of land in National City, San Diego County, California. Plaintiff instituted this proceeding by filing a complaint on November 10, 1942. Thereby plaintiff sought condemnation of 11 parcels of land — parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. On September 23, 1944,...

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