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UNITED STATES v. CERTAIN INTERESTS IN PROPERTY, ETC.

Civ. A. No. 7812.

239 F.Supp. 822 (1965)

UNITED STATES of America, Plaintiff, v. CERTAIN INTERESTS IN PROPERTY SITUATE IN ADAMS COUNTY, STATE OF COLORADO, and Fitzsimons Gardens, Inc., a corporation, et al., Defendants.

United States District Court D. Colorado.

January 25, 1965.

Attorney(s) appearing for the Case

Edward Mulhall, Jr., Asst. U. S. Atty. for Dist. of Colorado, and Robert McKee, Atty., Dept. of Justice. Washington, D. C., for plaintiff.

Fred M. Winner and C. Blake Hiester, Jr., Denver, Colo., for defendants.

ARRAJ, Chief Judge.

This is a condemnation suit instituted by the United States to take a military housing project erected pursuant to the provisions of the "Wherry Act", 12 U.S. C. § 1748. The declaration of taking was filed on December 1, 1962.

The case was originally scheduled to be tried before a jury on plaintiff's demand. Subsequently plaintiff withdrew its jury demand, and requested that the trial be...

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