BURKHART v. UNITED STATES

No. 13425.

210 F.2d 602 (1954)

BURKHART et al. v. UNITED STATES et al.

United States Court of Appeals, Ninth Circuit.

February 15, 1954.


Attorney(s) appearing for the Case

T. C. Boyle, Seattle, Wash., for appellant.

Perry W. Morton, Asst. Atty. Gen., Hart Snyder, Sp. Atty., Department of Justice, Spokane, Wash., S. Billingsley Hill, Roger P. Marquis, John C. Harrington, Attorneys, Department of Justice, Washington, D. C., for appellee, the United States.

Charles L. Powell, Moulton, Powell, Gess & Loney, Kennewick, Wash., for appellee Falk.

Before ORR and POPE, Circuit Judges, and LEMMON, District Judge.


POPE Circuit Judge.

On January 24, 1951, the United States brought action in the court below to condemn a parcel of land containing approximately 12 acres located in the State of Washington. The land belonged to Falk and his wife, appellees herein, but a small parcel thereof, which bounded a State highway, had been leased to the appellants Burkhart and O'Brien for a term of five years beginning November 10, 1948. The lease was obtained by the appellants for use as...

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