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BUENA VISTA HOMES, INC. v. UNITED STATES

No. 6201.

281 F.2d 476 (1960)

BUENA VISTA HOMES, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 15, 1960.

Attorney(s) appearing for the Case

T. B. Keleher, Albuquerque, N. M., and William Duncan, El Paso, Tex. (Eugene R. Smith, El Paso, Tex., and W. A. Keleher, Albuquerque, N. M., were with them on the brief), for appellant.

Harold S. Harrison, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., James A. Borland, U. S. Atty., D. New Mexico, Albuquerque, N. M., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellee.

Before PICKETT and BREITENSTEIN, Circuit Judges, and SAVAGE, District Judge.

BREITENSTEIN, Circuit Judge.

The United States brought action to condemn a Wherry Act housing project and commissioners awarded $385,000 as just compensation to appellant, Buena Vista Homes, Inc. The appeal is from the judgment on that award. The issues relate to the instructions, the proper method of handling a reserve fund in determining value, and the adequacy of the award.

With the objective of providing low-cost military housing, built by private enterprise...

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