IN RE CLARK'S ESTATE

No. 13181.

187 F.2d 1003 (1951)

In re CLARK'S ESTATE. BRUNSTETTER v. CITY OF MIAMI.

United States Court of Appeals Fifth Circuit.

April 3, 1951.


Attorney(s) appearing for the Case

Earl D. Waldin, Jr., Miami, Fla., for appellant.

S. O. Carson, J. W. Watson, Jr., Miami, Fla., for appellee.

Before HOLMES, BORAH, and STRUM, Circuit Judges.


STRUM, Circuit Judge.

The City of Miami, Florida, instituted a proceeding in eminent domain in the State Circuit Court for Dade County, to acquire a tract of land for park purposes. After the landowner had incurred expenses for attorney's fees in preparing and filing his answer, in which he opposed the taking, the City voluntarily dismissed the proceeding. There was no actual physical appropriation of the lands, nor did title pass to the City. No attorney's fees were...

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