McKENDRY v. UNITED STATES

No. 14380.

219 F.2d 359 (1955)

E. S. McKENDRY and Pancho Barnes, Appellants, v. UNITED STATES of America, Appellee. Appeal 3.

United States Court of Appeals, Ninth Circuit.

January 31, 1955.


Attorney(s) appearing for the Case

Pancho Barnes, E. S. McKendry, Muroc, Cal., in pro. per., for appellants.

Perry W. Morton, Asst. Atty. Gen., John F. Cotter, John C. Harrington, Attys., Dept. of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., A. Weymann, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before STEPHENS, FEE and CHAMBERS, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

In the condemnation case in which we this day have dismissed other appeals, 9 Cir., 219 F.2d 357, the declaration of taking procedure was followed and the court entered judgment declaring the title to be vested in the United States. The government, however, did not enforce its right to possession of the lands, but permitted the former owners to occupy the parcel involved.

On August 29, 1953...

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