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UNITED STATES v. MISCHKE

No. 16444.

285 F.2d 628 (1961)

UNITED STATES of America, Appellant, v. Louise MISCHKE, Appellee.

United States Court of Appeals Eighth Circuit.

January 18, 1961.

Attorney(s) appearing for the Case

Roger P. Marquis, Attorney, Lands Div., Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., and Claron C. Spencer, Attorney, Lands Div., Dept. of Justice, Washington, D. C., and William C. Spire, U. S. Atty., Omaha, Neb., and Guy J. Birch, Asst. U. S. Atty., Lincoln, Neb., on the brief, for appellant.

John A. Engel, Avon, S. D., Henry A. Gunderson, Fremont, Neb., on the brief, for appellee.

Before SANBORN, WOODROUGH and MATTHES, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from an order in a condemnation proceeding instituted by the United States in 1955 to acquire 1,712.89 acres of land in Knox County, Nebraska, for purposes of flood control in the Missouri River and for use in connection with the construction and operation of the Gavins Point Dam and Reservoir. The effect of the order appealed from was to return to Louise Mischke 42.5 acres of a 700-acre tract designated in the proceeding...

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