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FITTGER REALTY COMPANY v. UNITED STATES

No. 17788.

272 F.2d 761 (1959)

FITTGER REALTY COMPANY, Inc., Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Fifth Circuit.

December 14, 1959.

Attorney(s) appearing for the Case

M. U. S. Kjorlaug, Bruce C. Billingsley, Robert G. Barstow, Houston, Tex., for appellant.

F. Russell Kendall, M. C. Chiles, Houston, Tex., Roger P. Marquis, Atty., Dept. of Justice, Perry W. Morton, Asst. Atty. Gen., Washington, D. C., for the United States.

Vinson, Elkins, Weems & Searls, Houston, Tex. (Goldstone & Wolff, Sidney A. Wolff, New York City, of counsel), for appellee, Ineeda Linen, Laundry and Cleaning Services, Inc.; Ineeda Laundry and Cleaning Company and Ineeda Linen Service, Inc., both dissolved corporations.

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

HUTCHESON, Circuit Judge.

This appeal tests for error an order entered, on full findings of fact and law,1 in a title adjudication ancillary to a condemnation suit brought by the United States.

The sole issue presented below was, and here is, whether, as claimed by appellant, Fittger, the lease it had on September 11, 1954, made to Ineeda Laundry & Cleaning Company, for a term of five years with an option to renew for another...

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