UNITED STATES v. LEAVELL & PONDER, INC.

No. 18427.

286 F.2d 398 (1961)

UNITED STATES of America, Appellant, v. LEAVELL & PONDER, INC., and Morgan Company, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 7, 1961.


Attorney(s) appearing for the Case

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

William Duncan, Eugene T. Edwards, El Paso, Tex., for appellees.

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


TUTTLE, Chief Judge.

This is an appeal by the government from an award in a condemnation of a Wherry Housing Project. The matter was originally referred by the trial court to three commissioners as authorized by Rule 71A, Federal Rules of Civil Procedure, 28 U.S.C.A. The findings of fact and conclusions of the commissioners were accepted in full and adopted by the trial court.

The principal grounds of the government's appeal are: (1) the commissioners made...

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