WINN v. UNITED STATES

No. 16340.

272 F.2d 282 (1959)

Steve WINN and Edith Winn, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 2, 1959.


Attorney(s) appearing for the Case

Jeppesen & Jeppesen, Karl Jeppesen; Clemons, Skiles & Green, Boise, Idaho, for appellant.

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Hugh Nugent, Attorneys, Department of Justice, Washington, D. C., Ben Peterson, U. S. Atty., Boise, Idaho, R. Max Whittier, Asst. U. S. Atty., Pocatello, Idaho, for appellee.

Before POPE, MAGRUDER and HAMLIN, Circuit Judges.


HAMLIN, Circuit Judge.

The United States brought this action to take certain property belonging to appellants, invoking jurisdiction under the Act of August 1, 1888, 25 Stat. 357, 40 U.S.C.A. § 257; the Act of February 26, 1931, 46 Stat. 1421, 40 U.S.C.A. § 258a-258e; and the "Federal-Aid Highway Act of 1956," 70 Stat. 374, which authorizes the acquisition of land or interests in land, including the control of access thereto from adjoining land, required...

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