CARMICHALL v. UNITED STATES

No. 17823.

273 F.2d 392 (1960)

F. L. CARMICHALL and Ruth Carmichall, Appellants, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. F. L. CARMICHALL and Ruth Carmichall, Appellees.

United States Court of Appeals Fifth Circuit.

January 6, 1960.


Attorney(s) appearing for the Case

John A. Kerr, Fort Worth, Tex., for appellants.

Elizabeth Dudley, Roger P. Marquis, Attys., Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., W. B. West, III, U. S. Atty., Fred L. Woodlock, Jr., Asst. U. S. Atty., Fort Worth, Tex., S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.


JONES, Circuit Judge.

F. L. Carmichall and Ruth Carmichall, husband and wife, were the owners of a tract of 5.06 acres of land in Tarrant County, Texas, upon which they operated a lumber yard, a builder's supply business, and a concrete block manufacturing plant. The United States took the fee simple title to the land by the exercise of eminent domain for the purpose of providing additional facilities at Carswell Air Force Base. On the property and used in the Carmichall...

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