IN RE UNITED STATES

No. 17267.

257 F.2d 844 (1958)

In re UNITED STATES of America Praying for a Writ of Mandamus or Writ of Prohibition.

United States Court of Appeals Fifth Circuit.

August 1, 1958.


Attorney(s) appearing for the Case

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis and Harold S. Harrison, Attys., Dept. of Justice, Washington, D. C., James L. Guilmartin, U. S. Atty., Miami, Fla., Robert F. Nunez, III, Asst. U. S. Atty., Tampa, Fla., for petitioner.

Chester H. Ferguson, John M. Allison, Tampa, Fla., for respondent.

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


HUTCHESON, Chief Judge.

This is a petition for mandamus or prohibition to compel the district judge to set aside an order1 vacating a declaration of taking, as amended, entered by him in a condemnation proceeding,2 and to proceed to enter an appropriate order granting possession of the property here involved to the United States under the provisions of the Act of Feb...

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