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RAPID TRANSIT COMPANY v. UNITED STATES

No. 6679.

295 F.2d 465 (1961)

RAPID TRANSIT COMPANY, a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 13, 1961.

Attorney(s) appearing for the Case

H. Gordon Angwin, Pittsburg, Kan., and Clifford L. Malone, Wichita, Kan. (Charles E. Jones, Wichita, Kan., and Ben W. Weir, Pittsburg, Kan., were with them on the brief), for appellant.

Raymond N. Zagone, Washington, D. C. (Ramsey Clark, Asst. Atty. Gen., Newell A. George, U. S. Atty., Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., and Roger P. Marquis, Washington, D. C., were with him on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

The United States initiated this action in the United States District Court for the District of Kansas to condemn for its use some 5.21 acres of land located within the city of Lawrence, Kansas. 28 U.S.C.A. § 1358. The sole original and now continuing issue was and is the ascertainment of just compensation to the owner, Rapid Transit Company, appellant. The government estimated the value of the acreage to be $16,000 and deposited such sum...

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