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UNITED STATES v. CHAMBERLAIN WHOLESALE GROCERY CO.

Nos. 15302-15305.

226 F.2d 492 (1955)

UNITED STATES of America, Appellant, v. CHAMBERLAIN WHOLESALE GROCERY COMPANY and W. G. Cozard, Appellees. UNITED STATES of America, Appellant, v. Walter NEUGEBAUER and Marie Neugebauer, Appellees. UNITED STATES of America, Appellant, v. William R. ELLIS and Esther M. Ellis, Appellees. UNITED STATES of America, Appellant, v. Andrew W. REIS and Millie Reis, Appellees.

United States Court of Appeals Eighth Circuit.

November 2, 1955.

Attorney(s) appearing for the Case

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

John F. Lindley, Chamberlain, S. D. (M. A. Brown, Chamberlain, S. D., was with him on the brief), for appellee Chamberlain Wholesale Grocery Co.

Donald J. Porter, Chamberlain, S. D., for appellees Andrew Reis and Millie Reis.

M. T. Woods, Sioux Falls, S. D. (G. F. Johnson, Gregory, S. D., was with him on the brief), for appellees Walter Neugebauer and Marie Neugebauer and William R. Ellis and Esther M. Ellis.

Before WOODROUGH, JOHNSEN and VOGEL, Circuit Judges.

WOODROUGH, Circuit Judge.

These four appeals are from judgments entered upon awards made by commissioners appointed by the District Court to determine compensation pursuant to Rule 71A(h) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The lands were among those taken for the Fort Randall Dam and Reservoir in South Dakota. In No. 15,302 the land taken (1.19 acres) is situated in the City of Chamberlain which is in the Southern Division of the District...

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