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McKENDRY v. UNITED STATES

No. 15580.

254 F.2d 659 (1958)

E. S. McKENDRY, Florence Lowe Barnes, also known as Pancho Barnes, and William Emmert Barnes, Appellants. v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 21, 1958.

Attorney(s) appearing for the Case

Beardsley, Hufstedler & Kemble, Los Angeles, Cal., for appellant.

Perry W. Morton, Asst. Atty. Gen., Rober P. Marquis, Attorney, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Joseph F. McPherson, Albert N. Minton, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before FEE and CHAMBERS, Circuit Judges, and HAMLIN, District Judge.

HAMLIN, District Judge.

The major point raised in this appeal involves the validity of a Declaration of Taking of private property for use by the government for a military installation pursuant to 40 U.S.C.A. § 258a. The facts generally show that in 1952 the Department of the Air Force was undertaking expansion of the Edwards Air Force Base in Kern County, California, and required Appellants' land, consisting of some...

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