CAPRITO v. UNITED STATES

No. 14969.

217 F.2d 783 (1954)

S. CAPRITO v. UNITED STATES of America.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 2, 1955.


Attorney(s) appearing for the Case

L. D. Hawkins, Breckenridge, Tex., T. H. Neel, Monahans, Tex., Hawkins & Dean, Breckenridge, Tex., for appellant, S. Caprito.

Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Attorney, Washington, D. C., Charles F. Herring, U. S. Atty., Austin, Tex., for appellee.

Before HOLMES and TUTTLE, Circuit Judges, and ALLRED, District Judge.


HOLMES, Circuit Judge.

This appeal is from a judgment holding that appellant's claims for damages were res judicata. In 1943, the United States brought two suits condemning for use as an airfield and gunnery range a leasehold interest in 4,160 acres of land in Ward County, Texas, owned by the appellant. The estate sought to be condemned was a leasehold interest extending to June 30, 1944, together with the right to extend the lease for yearly periods during...

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