PARKS v. UNITED STATES

No. 18808.

293 F.2d 482 (1961)

Claude PARKS and wife, Corynne Parks, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 19, 1961.


Attorney(s) appearing for the Case

T. George Chase, Naman, Howell, Smith & Chase, Waco, Tex., for appellants.

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, Raymond N. Zagone, Attys., Dept. of Justice, Washington, D. C., J. Edward Williams, Acting Asst. Atty. Gen., Russell B. Wine, U. S. Atty., San Antonio, Tex., Carl E. Mason, Asst. U. S. Atty., Waco, Tex., for appellee.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and DE VANE, Senior District Judge.


RIVES, Circuit Judge.

On May 9, 1950, the United States filed in the district court a petition to condemn 2,462.8 acres of land comprising tracts situated in Hill and Bosque Counties, Texas, for the construction and operation of the Whitney Dam on the Brazos River. Five of the tracts totalling 341 acres were part of a 1,873-acre ranch owned by Claude Parks and his wife. A judgment on a declaration of taking vested title in fee simple with the right of immediate possession...

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