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JASPER v. SAWYER

No. 11317.

205 F.2d 700 (1953)

JASPER v. SAWYER et al.

United States Court of Appeals District of Columbia Circuit.

Decided February 19, 1953.

Petition for Rehearing Denied August 18, 1953.

Attorney(s) appearing for the Case

Charles F. O'Neall, Washington, D. C., for appellant.

Fred W. Smith, Atty., Department of Justice, Washington, D. C., with whom Roger P. Marquis, Atty., Department of Justice, Washington, D. C., was on the brief, for appellees.

Before CLARK, WILBUR K. MILLER, and PROCTOR, Circuit Judges.

Petition for Rehearing in Banc Denied August 18, 1953.

WILBUR K. MILLER, Circuit Judge.

An Act of Congress, approved September 7, 1950.1 authorized and directed the Secretary of Commerce to construct and operate a public airport in or near the District of Columbia and to acquire, by purchase, lease, condemnation or otherwise, a suitable site, including avigation easements or air-space rights. It also provided

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