SEALE v. UNITED STATES

No. 16448.

243 F.2d 145 (1957)

William SEALE, the Estate of J. B. Hooks, Deceased, and the Estate of George W. Hooks, Deceased, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 9, 1957.


Attorney(s) appearing for the Case

James D. McNicholas, Beaumont, Tex., Keith, Mehaffy, McNicholas & Weber, Beaumont, Tex., for appellant.

Elizabeth Dudley, Roger P. Marquis, Richard C. Peet, Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., William M. Steger, U. S. Atty., Jack R. King, Asst. U. S. Atty., Beaumont, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and TUTTLE, Circuit Judges.


PER CURIAM.

Appealing from an award in a condemnation suit, tried to the court without a jury, appellants are here insisting that, under the principles governing review, the finding that two dollars per mineral acre was full compensation for the right to flood the lands taken was clearly erroneous and the judgment must be reversed.

Fully recognizing the heavy burden they are under, but pointing to the evidence of their witnesses that the taking of their mineral...

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