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UNITED STATES v. PLEASURE DRIVE. & PARK DIST. OF PEORIA, ILL.

No. 13976.

314 F.2d 825 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. PLEASURE DRIVEWAY AND PARK DISTRICT OF PEORIA, ILLINOIS, et al., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 10, 1963.

Attorney(s) appearing for the Case

John E. Cassidy, Jr., Peoria, Ill., for appellant.

Edward R. Phelps, U. S. Atty., Springfield, Ill., Richard E. Eagleton, Asst. U. S. Atty., Peoria, Ill., Ramsey Clark, Asst. Atty. Gen., S. Billingsley Hill, Attorney, Lands Division, U. S. Department of Justice, Washington, D. C., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before HASTINGS, Chief Judge, SWYGERT, Circuit Judge, and GRANT. District Judge.

GRANT, District Judge.

Plaintiff, United States of America, brought this condemnation proceeding pursuant to authority of the general condemnation statute (40 U.S.C.A. § 257), and the Federal-Aid Highway Act (23 U.S.C.A. § 107), to acquire 12.127 acres of land in the city of Peoria, Illinois, being a portion of a 147 acre municipal park belonging to the defendant, Pleasure Driveway and Park District of Peoria, Illinois (appellant), for use in the construction...

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