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MOSES LAKE HOMES, INC. v. GRANT COUNTY

No. 16234.

276 F.2d 836 (1960)

MOSES LAKE HOMES, INC., Appellant, v. GRANT COUNTY, Appellee and Cross-Appellant, Larsonaire Homes, Inc., Larson Heights, Inc., and Moses Lake Homes, Inc., Cross-Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 17, 1960.

Attorney(s) appearing for the Case

Lycette, Diamond & Sylvester, Lyle L. Iverson, Seattle, Wash., for appellant and cross-appellees.

Paul A. Klasen, Jr., Pros. Atty., Grant County, Ephrata, Wash., Felix & Abel, Jennings P. Felix, Spec. Coun., Seattle, Wash., for appellee and cross-appellant, Grant County.

Abbott M. Sellers, Acting Asst. Atty. Gen., Grant Wiprud, Lee A. Jackson, Myron C. Baum, Mark S. Charwat, Attys., Dept. of Justice, Washington, D. C., Dale M. Green, U. S. Atty., Spokane, Wash., for the United States.

Before BARNES, HAMLEY, and JERTBERG, Circuit Judges.

HAMLEY, Circuit Judge.

This proceeding is collateral to a federal condemnation action now pending in the district court. It involves the claim of Grant County, Washington, to a substantial part of the sums deposited in court by the government as estimated compensation. The claim, resisted by the three condemnees, is for unpaid personal property taxes assertedly levied against the leaseholds which are being condemned.

The federal district court entered a judgment...

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