UNITED STATES v. STATE OF SOUTH DAKOTA

No. 14987.

212 F.2d 14 (1954)

UNITED STATES v. STATE OF SOUTH DAKOTA et al.

United States Court of Appeals Eighth Circuit.

April 29, 1954.


Attorney(s) appearing for the Case

John F. Cotter, Atty., Department of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Clinton G. Richards, U. S. Atty., Deadwood, S. D., Roger P. Marquis and S. Billingsley Hill, Attys., Department of Justice, Washington, D. C., were on the brief), for appellant.

W. O. Knight and E. D. Barron, Asst. Attys. Gen., Ralph A. Dunham, Atty. Gen., for appellee State of South Dakota.

No appearance was entered nor brief filed for appellees Clyde Keller and Dick Mays.

Before SANBORN, THOMAS and JOHNSEN, Circuit Judges.


THOMAS, Circuit Judge.

This is a condemnation proceeding brought by the United States to acquire the fee simple title to a 230-acre tract of land for use in connection with the Rapid City Air Force Base at Rapid City, South Dakota. The complaint alleges that the "interest * * * to be acquired is the fee simple title, subject, however, to existing easements for public roads and highways, public utilities, railroads and pipe lines."

A declaration of taking was...

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