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FATTORE v. UNITED STATES

No. 96-61.

312 F.2d 797 (1963)

Catherine FATTORE, and Stephen J. Fattore, Jr., as Co-Executors of the Estate of Stephen J. Fattore, Deceased, and Eugene J. Fattore, d/b/a Fattore Company v. The UNITED STATES.

United States Court of Claims.

February 6, 1963.

Attorney(s) appearing for the Case

Merle R. Jenkins, Detroit, Mich., for plaintiffs. Mansfield, DeWitt, Sulzbach & Jenkins, Detroit, Mich., was on the brief.

Kenneth H. Masters, Washington, D. C., with whom was Asst. Atty. Gen. Ramsey Clark.

JONES, Chief Judge.

Plaintiffs sue to recover the expenses and damages incurred as a result of moving themselves and their possessions from land acquired from them by the United States. Their claim is brought pursuant to the provisions of section 401 (b) of the Act of July 14, 1952, 66 Stat. 624, hereinafter quoted, which allows the Secretary of any military department acquiring land for any public works project, in his discretion, to reimburse the owners and tenants...

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