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J. A. TOBIN CONSTRUCTION COMPANY v. UNITED STATES

No. 7610.

343 F.2d 422 (1965)

J. A. TOBIN CONSTRUCTION COMPANY, Odessa Krebs, Edmond H. Krebs, Jr., Lorena Lane, nee Krebs, Nawatha Redding, nee Krebs, Jaquitah Bailey, nee Krebs, and Joseph E. Krebs, individually, and Joseph E. Krebs as Executor of the estate of Edmond H. Krebs, deceased, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 28, 1965.

Attorney(s) appearing for the Case

F. Philip Kirwan, Kansas City, Mo. (Charles W. Medley, Kansas City, Mo., and Charles B. Tucker, McAlester, Okl., were with him on brief), for appellants.

Roger P. Marquis, Washington, D. C. (Ramsey Clark, Washington, D. C., Edwin Langley and James J. Conrad, Muskogee, Okl., were with him on brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment of the District Court affirming the action and report of a Commission appointed in a condemnation proceedings pursuant to Rule 71A(h), F.R.Civ.P., to determine just compensation for property taken for a public project. The appellants are owners of the land and the lessee-operator of a rock quarry under a lease from the landowners.

After a full hearing, the Commission found that the land had no market value...

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