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UNITED STATES v. RAINWATER

No. 17338.

325 F.2d 62 (1963)

UNITED STATES of America, Appellant, v. O. M. RAINWATER, Appellee.

United States Court of Appeals Eighth Circuit.

November 19, 1963.

Attorney(s) appearing for the Case

Hugh Nugent, Atty., Dept. of Justice, Washington, D. C., for appellant. Ramsey Clark, Asst. Atty. Gen., Lands Division, Dept. of Justice, Washington, D. C., Charles M. Conway, U. S. Atty., Fort Smith, Ark., Robert E. Johnson, Asst. U. S. Atty., Fort Smith, Ark., and S. Billingsley Hill, Atty., Lands Division, Dept. of Justice, Washington, D. C., for appellant.

James K. Young, Russellville, Ark., and Ray Blair, Paris, Ark., and Robert J. White, Russellville, Ark., for appellee.

Before SANBORN and MATTHES, Circuit Judges, and ROBINSON, District Judge.

MATTHES, Circuit Judge.

In this proceeding the United States condemned for use in the construction and operation of the Dardanelle Lock & Dam on the Arkansas River, fee simple title to the surface estate of certain land owned by appellee, O. M. Rainwater, and subordinated the mineral estate to the Government's right to flood the land.

Acting under Rule 71A(h) F.R.Civ.P., the district court appointed Commissioners to determine the issue of compensation...

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