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KELLY v. UNITED STATES

No. 16394.

242 F.2d 195 (1957)

James KELLY et al., Appellants, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 14, 1957.

Attorney(s) appearing for the Case

Benjamin E. Smith, New Orleans, La., for appellants.

Jack C. Benjamin, Asst. U. S. Atty., Bentley G. Byrnes, Perry W. Morton, Asst. Atty. Gen., M. Hepburn Many, U. S. Atty., New Orleans, La., Roger P. Marquis, S. Billingsley Hill, Attys., Dept. of Justice, Washington, D. C., for appellees.

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

PER CURIAM.

Alleging in their complaint that the action was filed "under the Tucker Act, Sec. 1346, Title 28 U.S.C.A., as against the United States, for payment of compensation due plaintiffs under an implied contract with the United States, and against the United States and the Board of Levee Commissioners of the Orleans Levee District, for damages for the taking, appropriation and destruction of plaintiffs' property for a public use without compensation", plaintiffs...

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