UNITED STATES v. BENNING HOUSING CORPORATION

No. 17726.

276 F.2d 248 (1960)

UNITED STATES of America, Appellant, v. BENNING HOUSING CORPORATION et al., and Unknown Owners, Appellees.

United States Court of Appeals Fifth Circuit.

March 25, 1960.


Attorney(s) appearing for the Case

Roger P. Marquis, Claron C. Spencer, Dept. of Justice, Washington, D. C., Frank O. Evans, U. S. Atty., Macon, Ga., Perry W. Morton, Asst. Atty. Gen., for appellant.

Joseph M. Williamson, Urbana, Ill., Raymond R. Dickey, Washington, D. C., W. M. Page, Swift, Pease, Davidson & Chapman, Columbus, Ga., for appellees.

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


RIVES, Chief Judge.

This is a proceeding to establish just compensation for two "Wherry" housing projects condemned by the United States. The condemnees, Custer Road Terrace, Inc., and Benning Housing Corporation — corporations formed according to the requirements of the Wherry Act1 expressly for the purpose of managing these projects — are beneficially owned by identical persons, thus making it possible to dispose of the...

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