UNITED STATES v. BURMEISTER

No. 3705.

172 F.2d 478 (1949)

UNITED STATES v. BURMEISTER et al.

United States Court of Appeals Tenth Circuit.

February 2, 1949.


Attorney(s) appearing for the Case

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

Willard N. Van Slyck, Jr., and Robert E. Russell, both of Topeka, Kan. (R. C. Russell, of Great Bend, Kan., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.


PHILLIPS, Chief Judge.

This is an appeal from a supplemental award in a condemnation proceeding.

On May 4, 1943, the United States filed a petition in condemnation to acquire, for a term ending June 30, 1944, with the right to extend the term for additional yearly periods "during the existing national emergency," 218,880 acres of land in Kansas, for use as a aerial gunnery range and for such other purposes as might be authorized by Congress or Executive Order...

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