YOKNAPATAWPHA DRAINAGE DIST. NO. 2 v. UNITED STATES

No. 16283.

242 F.2d 925 (1957)

YOKNAPATAWPHA DRAINAGE DISTRICT NO. 2, LAFAYETTE COUNTY, MISSISSIPPI, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 23, 1957.


Attorney(s) appearing for the Case

Phil Stone, James Stone & Sons, Oxford, Miss., for appellant.

Elizabeth Dudley, Atty., Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., Thomas R. Ethridge, U. S. Atty., Oxford, Miss., S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before BORAH, TUTTLE and CAMERON, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment based on a jury verdict in favor of appellant in a land condemnation action in which appellant contended that the damages for the taking of its drainage canal should include the amount which had been assessed as benefits accruing to other lands previously taken by the Government, which would thus no longer be subject to a charge for the maintenance of the remaining section of the canal.

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