PHILIPS v. UNITED STATES

Nos. 13173, 13174.

206 F.2d 867 (1953)

PHILIPS et al. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

August 12, 1953.


Attorney(s) appearing for the Case

McMicken, Rupp & Schweppe, Mary Ellen Krug, Seattle, Wash., for appellant.

Wm. Amory Underhill, Asst. Atty. Gen., J. Charles Dennis, U. S. Atty., Aleen Hogshire, Sp. Atty., Department of Justice, Seattle, Wash., Roger P. Marquis and Harold S. Harrison, Attys., Department of Justice, Washington, D. C., for appellee.

Before MATHEWS and ORR, Circuit Judges, and JAMES M. CARTER, District Judge.


MATHEWS, Circuit Judge.

By a lease hereafter called lease A,1 appellants, Calvin Philips and Calvin Philips & Company, a corporation, trustee, leased to appellee, the United States, two parcels of land (parcels 4 and 5) in Island County, Washington, for the term of one year beginning July 1, 1944, and ending June 30, 1945. Lease A was renewed and the term thereof extended to June 30, 1946. Under

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