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LOWE FOUNDATION v. MOSLEY

No. 14557.

199 F.2d 227 (1952)

LOWE FOUNDATION v. MOSLEY et al.

United States Court of Appeals Eighth Circuit.

October 15, 1952.

Attorney(s) appearing for the Case

H. R. Jackson, Lemmon, S. D. (Jackson & Krause, Lemmon, S. D., and Vent & Vent, Chicago, Ill., on the brief), for appellant.

Julius Skaug, Mobridge, S. D. (H. F. Fellows, Rapid City, S. D., and Pat Morrison, Mobridge, S. D., on the brief), for appellees.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

The United States in an action commenced in the District Court on May 29, 1951, secured a judgment condemning 1280.93 acres of land situated in Perkins County, South Dakota. It is agreed that the just compensation for the land is $31,057.50. The defendants in that suit were William Mosley, Mabel Mosley, and Lowe Foundation, a not-for-profit Illinois corporation. This controversy involves only the question of which defendants are entitled to...

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