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UNITED STATES v. RICHARDSON

No. 14293.

204 F.2d 552 (1953)

UNITED STATES v. RICHARDSON.

United States Court of Appeals Fifth Circuit.

May 6, 1953.

Attorney(s) appearing for the Case

Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., Frank B. Potter, U. S. Atty., Ft. Worth, Tex., Curtis P. Harris, Sp. Atty., Dept. of Justice, Oklahoma City, Okl., James M. McInerney, Asst. Atty. Gen., for appellant.

Gillis A. Johnson, R. K. Hanger, Warren Scarborough, Carlisle Cravens and Peveril O. Settle, Jr., Fort Worth, Tex., for appellee S. W. Richardson.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.

BORAH, Circuit Judge.

This is a condemnation proceeding instituted by the Government July 28, 1950. The petition was filed under the River and Harbor Act of March 2, 1945, 59 Stat. 10, 18, the War Department Civil Appropriation Act, 1948, 61 Stat. 686, the Civil Functions Appropriation Act, 1949, 62 Stat. 1019, and the Civil Functions Appropriation Act, 1950, 63 Stat. 845. It was alleged that the Secretary of the Army, in conformity with the authority vested in him...

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