GEORGIA KAOLIN COMPANY v. UNITED STATES

No. 16377.

249 F.2d 148 (1957)

GEORGIA KAOLIN COMPANY v. UNITED STATES of America.

United States Court of Appeals Fifth Circuit.

Motions to Modify Opinion and for Rehearing Denied January 9, 1958.


Attorney(s) appearing for the Case

John B. Harris, Jr., John B. Harris, Macon, Ga., Harris, Russell, Weaver & Watkins, Macon, Ga., of counsel, for appellant.

Frank O. Evans, U. S. Atty., Macon, Ga., Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Atty., Fred W. Smith, Atty., Washington, D. C., Floyd M. Buford, Asst. U. S. Atty., Macon, Ga., for appellee.

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


HUTCHESON, Chief Judge.

Proceeding under an enabling statute,1 appellant, the lessee of mineral rights under a lease from the DeFores, which by its terms expired on February 16, 1950, brought this suit to recover the damages it claimed to have suffered as a result of the failure of the United States, which had held possession of the property under a lease expiring June 30, 1946, to re-deliver the property to it on that date.

The...

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