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STIPE v. UNITED STATES

No. 7649.

337 F.2d 818 (1964)

Gene STIPE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 28, 1964.

Attorney(s) appearing for the Case

Curtis P. Harris, Oklahoma City, Okl., for appellant.

Elizabeth Dudley, Attorney, Dept. of Justice, Washington, D. C. (Ramsey Clark, Asst. Atty. Gen., Washington, D. C., Edwin Langley, U. S. Atty., Muskogee, Okl., and Roger P. Marquis, Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before PHILLIPS, PICKETT and SETH, Circuit Judges.

PICKETT, Circuit Judge.

The United States brought two condemnation actions to acquire land for the purpose of flood control on the Canadian River in Oklahoma, and for the construction and operation of the Eufaula Dam and Reservoir. Prior to the condemnation proceedings, U. S. Highway 69 and State Highway 9 approached the town of Eufaula from the south, using the same right of way. The appellant Stipe owned 6.04 acres of land east of this right of way, and 24 acres...

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