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UNITED STATES v. COOPER

No. 17925.

277 F.2d 863 (1960)

UNITED STATES of America, Appellant, v. Sarah Joyce King COOPER, Sarah Joyce Smith and Mary Cooper Smith, as Executrices of the Will of M. A. Cooper, Deceased, et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 24, 1960.

Attorney(s) appearing for the Case

A Donald Mileur, Atty., Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., for appellant.

John W. Maddox, Rome, Ga., for appellees.

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

TUTTLE, Circuit Judge.

This is a companion case to 5 Cir., 277 F.2d 857. The judgment of the trial court in the condemnation suit referred to went against the government for a substantial sum. Thereafter the government sought to pay the amount into court in such manner as to end the running of interest, but at the same time reserving to itself the right to appeal, with which, it contended, would go with the right of recovery of the...

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