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HARWELL v. UNITED STATES

No. 7108.

316 F.2d 791 (1963)

Robert HARWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 11, 1963.

Attorney(s) appearing for the Case

Ellis M. Brown, McAlester, Okl., (Preslie H. Brown, and Brown, Brown & Brown, McAlester, Okl., were with him on the brief), for appellant.

George R. Hyde, Atty., Dept. of Justice (Ramsey Clark, Asst. Atty. Gen., Edwin Langley, U.S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, were with him on the brief), for appellee.

Before BRATTON, LEWIS and HILL, Circuit Judges.

BRATTON, Circuit Judge.

This case presents for determination questions arising in a condemnation proceeding. At the request of the Secretary of the Army, the United States instituted the proceeding to acquire by condemnation title to land to provide for the construction and operation of the Eufaula Dam and Reservoir, Canadian River, in Oklahoma for flood control and related purposes. Robert Harwell owned a farm consisting of one hundred and ninety acres. Sixty acres...

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