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UNITED STATES v. J. C. MARTIN LUMBER COMPANY

No. 16499.

246 F.2d 58 (1957)

UNITED STATES of America, Appellant, v. J. C. MARTIN LUMBER COMPANY et al., Appellees. J. C. MARTIN LUMBER COMPANY et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 10, 1957.

Attorney(s) appearing for the Case

Elizabeth Dudley, Roger P. Marquis, Attys., Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., Robert E. Hauberg, U. S. Atty., Edwin R. Holmes, Jr., Asst. U. S. Atty., Jackson, Miss., for appellant.

M. M. Roberts, Hattiesburg, Miss., John W. Backstrom, Leakesville, Miss., for appellees.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

This appeal and the cross-appeal are taken from a judgment entered in a suit involving the cutting of timber in De Soto National Forest, Wayne County, Mississippi, under two timber sale agreements between the United States, as the owner and seller of the timber, on the one hand, and one J. C. Martin, an individual, doing business under the name of J. C. Martin Lumber Co., as the purchaser.

The judgment, upon a finding that timber of...

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