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UNITED STATES v. COX

Nos. 4148, 4201.

190 F.2d 293 (1951)

UNITED STATES v. COX et al. UNITED STATES v. BEASLEY et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 31, 1951.

Attorney(s) appearing for the Case

John C. Harrington, Washington, D. C. (A. Devitt Vanech, Washington, D. C., Lorenzo A. Chavez, William B. Robinson, Albuquerque, N. M., and Roger P. Marquis, Washington, D. C., on the brief), for appellant.

LaFel E. Oman and W. C. Whatley, Las Cruces, N. M. (W. B. Darden, Edwin Mechem, Las Cruces, N. M., and W. C. Peticolas, El Paso, Tex., on the brief), for appellees.

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

MURRAH, Circuit Judge.

These consolidated appeals involve the common question of the correct measure of just compensation for the taking of private lands by the Government for public purposes.

All of the lands involved are cattle ranches of the respective appellees in Dona Ana and Otero Counties, New Mexico, appropriated by the United States for war purposes under the Second War Powers Act, § 201, 56 Stat. 177, 50 U.S.C.A. § 171a. The ranches consist...

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