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SILL CORPORATION v. UNITED STATES

No. 7607.

343 F.2d 411 (1965)

The SILL CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 27, 1965.

Attorney(s) appearing for the Case

John J. Geraghty (Josiah G. Holland, Denver, Colo., William VanDercreek, Dallas, Tex., and Roland Boyd, on brief), for appellant.

Raymond N. Zagone, Washington, D. C. (Ramsey Clark, Washington, D. C., B. Andrew Potter, David A. Kline, Jr., Oklahoma City, Okl., Roger P. Marquis, Robert M. McKee, Washington, D. C., on brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

MURRAH, Chief Judge.

The Sill Corporation, owner-sponsor of a Wherry housing project (See 63 Stat. 570, 12 U.S.C. § 1748 et seq.) appeals from a judgment on a jury verdict awarding it "just compensation" for the taking of its interest in the project. The Owner's interest was taken pursuant to the amended provisions of the Capehart Act [See 70 Stat. 1111, 42 U.S.C. (1952 ed., Supp. V), § 1594(b)], whereunder the Secretary of Defense was directed to acquire...

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