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UNITED STATES v. FEATHERSTON

No. 7403.

325 F.2d 539 (1963)

UNITED STATES of America, Appellant, v. Harold FEATHERSTON, Appellee.

United States Court of Appeals Tenth Circuit.

December 20, 1963.

Attorney(s) appearing for the Case

S. Billingsley Hill, Attorney, Department of Justice (Ramsey Clark, Asst. Atty. Gen., Newell A. George, U. S. Atty., Clarence J. Malone, Asst. U. S. Atty., and Roger P. Marquis, Attorney, Department of Justice, on the brief), for appellant.

Harry T. Coffman, Lyndon, Kan. (W. W. Baldock and J. Stephen Jones, Lyndon, Kan., on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The United States brought condemnation proceedings against the 585.87 acre Kansas farm of the appellee-defendant. Trial of the issue of just compensation was had before a condemnation commission of three members appointed under Rule 71A(h), F.R.Civ.P. The district court overruled objections of the United States and approved the award.

Appellee has moved to dismiss the appeal saying that the case is moot because, by the payment...

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