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UNITED STATES v. CERTAIN TRACTS OF LAND, ETC.

Civ. A. No. T-3448.

225 F.Supp. 549 (1964)

UNITED STATES of America, Plaintiff, v. CERTAIN TRACTS OF LAND AND PORTIONS OF the RIGHT-OF-WAY OF the UNION PACIFIC RAILROAD IN GEARY AND CLAY COUNTIES, KANSAS, Union Pacific Railroad Company, et al., and Unknown Owners, Defendants.

United States District Court D. Kansas.

January 7, 1964.

Attorney(s) appearing for the Case

Newell A. George, U. S. Atty., Elmer Hoge, Asst. U. S. Atty., for plaintiff.

Charles R. Escola, Topeka, Kan., for State Corporation Commission of Kansas.

Philip H. Lewis, of Lillard, Eidson, Lewis & Porter, Topeka, Kan., J. H. Anderson and J. J. Burchell, Omaha, Neb., for Union Pac. R. Co. and Chase Manhattan Bank.

TEMPLAR, District Judge.

The above entitled cause came on for hearing on the motion for delivery of possession filed hereby by the plaintiff, United States of America, and the Court, having duly considered the evidence and being fully advised in the premises, now finds the following:

FINDINGS OF FACT

1. This eminent domain action filed on December 4, 1963 was commenced because the plaintiff, United States of America, through its Secretary of the...

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