ARP v. UNITED STATES

No. 5524.

244 F.2d 571 (1957)

John C. ARP and Mildred K. Arp, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 23, 1957.


Attorney(s) appearing for the Case

J. J. Hickey and Norman B. Gray, Cheyenne, Wyo., for appellants.

Roger P. Marquis, Atty., Dept. of Justice, Perry W. Morton, Asst. Atty. Gen., and John H. Raper, Jr., U. S. Atty., Cheyenne, Wyo., for appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

This is an appeal by the appellants, the Arps, from a taking by the Government of 30.89 acres owned by them by condemnation.

The land in question lies within the limits of the City of Cheyenne, Wyoming. In 1943 the Government instituted this action to condemn an estate in the tract. The interest sought and acquired in the original condemnation proceeding was the exclusive use and occupancy of the tract for one year, with the right of...

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