UNITED STATES v. FORT SMITH RIVER DEVELOP. CORP.

No. 17876.

349 F.2d 522 (1965)

UNITED STATES of America, Appellant, v. FORT SMITH RIVER DEVELOPMENT CORPORATION et al., Appellees.

United States Court of Appeals Eighth Circuit.

August 3, 1965.


Attorney(s) appearing for the Case

Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., made argument for appellant and filed brief with Ramsey Clark, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Charles M. Conway, U. S. Atty., Fort Smith, Ark., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C.

Thomas Harper, Fort Smith, Ark., made argument for appellee and filed brief.

Before VOGEL, RIDGE and MEHAFFY, Circuit Judges.


RIDGE, Circuit Judge.

This is an appeal from a judgment entered in a condemnation proceeding duly commenced pursuant to the Fifth Amendment to the Constitution of the United States, under authority of the "River and Harbor Improvement Act," (Chap. 12 Title 33, U.S.C.A.) the "Flood Control Act," (Chap. 15, Title 33, U.S. C.A.) and other applicable Acts of the Congress. Trial of the issue of damages was before the Court below, sitting without a jury. Compensation in...

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