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WERNER v. UNITED STATES

No. 13167.

198 F.2d 882 (1952)

WERNER v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

August 27, 1952.

Attorney(s) appearing for the Case

Clarence E. Nelson, Hollywood, Cal., Erwin P. Werner, Los Angeles, Cal., for appellant.

Wm. Amory Underhill, Asst. Atty. Gen., Walter S. Binns, U. S. Atty., Los Angeles, Cal., Irl D. Brett, Special Asst. to the Atty. Gen., Roger P. Marquis, Harold S. Harrison, Dept. of Justice, Washington, D. C., for appellee.

Before DENMAN, Chief Judge, STEPHENS and ORR, Circuit Judges.

STEPHENS, Circuit Judge.

In the consideration of this appeal it will be necessary to analyze a former case which we shall call the earlier case, and relate it to the case here now on appeal, which we shall call the instant case. Both cases were between the same parties and both arose out of one certain written lease for the use of land by the United States for military purposes.

The lease as originally drawn was for the term beginning February 1, 1943, and...

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