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UNITED STATES v. BUHLER

No. 18889.

305 F.2d 319 (1962)

UNITED STATES of America, Appellant, v. Frank S. BUHLER et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 6, 1962.

Attorney(s) appearing for the Case

Roger P. Marquis, A. Donald Mileur, Attys., Dept. of Justice, Washington, D. C., Ramsey Clark, Asst. Atty. Gen., Washington, D. C., Woodrow B. Seals, U. S. Atty., Arthur L. Moller, Asst. U. S. Atty., Houston, Tex., for appellant.

David T. Searls, Willard C. Williams, Houston, Tex., Conde N. Anderson, Victoria, Tex., William R. Eckhardt, Eastham, Williams & Meyer, Houston, Tex., for appellees (Rice Tenants).

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

TUTTLE, Chief Judge.

This is the second appearance of this case here. It is an appeal by the Government from a condemnation award made by commissioners appointed by the trial court, and approved by the trial court. On the earlier appeal, 5 Cir., 254 F.2d 876, this Court held that the trial court did not commit error in refusing to assign the case to a jury rather than refer the matter to commissioners.

The condemnation proceedings...

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