PHILLIPS v. UNITED STATES

No. 15156.

243 F.2d 1 (1957)

R. H. PHILLIPS and Jessie E. Phillips, his wife, et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 22, 1957.


Attorney(s) appearing for the Case

Walter V. Swanson and Douglas A. Wilson, Yakima, Wash., for appellants.

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Washington, D. C., and Ronald R. Hull, Yakima, Wash., and William B. Bantz, U. S. Atty., Spokane, Wash., for appellee.

Before STEPHENS, ORR and LEMMON, Circuit Judges.


LEMMON, Circuit Judge.

Never niggardly in its standards for the compensation of the expropriated landowner, the Supreme Court has grown progressively more liberal in its canons for the reimbursement of those who are dispossessed through the exercise of the right of eminent domain.

In evaluating condemned real estate, the total worth of the property must be considered. It frequently has been remarked that expropriation is an action in rem. It...

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