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UNITED STATES v. THEIMER

No. 4464.

199 F.2d 501 (1952)

UNITED STATES v. THEIMER et al.

United States Court of Appeals Tenth Circuit.

October 22, 1952.

Attorney(s) appearing for the Case

Roger P. Marquis, Atty., Department of Justice, Washington, D. C. (Wm. Amory Underhill, Asst. Atty. Gen., and Curtis P. Harris, Sp. Atty., Department of Justice, Oklahoma City, Okl., were with him on the brief), for appellant.

Phil E. Daugherty, Oklahoma City, Okl. (John F. Eberle, Charles Hill Johns and Richard J. Spooner, Oklahoma City, Okl., were with him on the brief), for appellees.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

This is a condemnation proceeding in which the Government sought to condemn an interest in three tracts of land adjacent to Tinker Air Field at Oklahoma City, Oklahoma. One tract consisted of seventy-one acres and the other two of twelve acres and one acre, respectively. The Government sought the fee simple title to the seventy-one acre tract and an easement for the flight of aircraft over the other two tracts. The Government filed a declaration...

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