UNITED STATES v. BAKER

No. 16461.

279 F.2d 603 (1960)

UNITED STATES of America, Appellant, v. Arthur E. BAKER, Doris M. Baker, John L. Roach and Bettie Jo Roach, Appellees.

United States Court of Appeals Ninth Circuit.

May 24, 1960.


Attorney(s) appearing for the Case

Perry W. Morton, Asst. Atty. Gen., Jack D. H. Hays, U. S. Atty., Phoenix, Ariz., William E. Eubank, Asst. U. S. Atty., Phoenix, Ariz., Roger P. Marquis, Robert S. Griswold, Jr., Attys., Dept. of Justice, Washington, D. C., for appellant.

Paul LaPrade, Louis B. Whitney, Loretta Whitney, Phoenix, Ariz., for appellees.

Before STEPHENS, BARNES and MERRILL, Circuit Judges.


BARNES, Circuit Judge.

This was a condemnation proceeding. The jurisdiction of the district court arises under Title 28 U.S.C. § 1358. A jury returned a verdict for the property owners in the sum of $165,500 from which judgment the government appeals. This Court has jurisdiction under Title 28 U.S.C. § 1291.

The government bases its appeal on the failure of the trial court to instruct the jury properly in two respects. It first complains that the...

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