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MORGAN v. UNITED STATES

No. 18099.

356 F.2d 17 (1966)

George L. MORGAN, Jr., and Geraldine Morgan, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 7, 1966.

Attorney(s) appearing for the Case

H. Clay Robinson, Fort Smith, Ark., for appellants.

Roger P. Marquis, Department of Justice, Washington, D. C., Edwin L. Weisl, Jr., Asst. Atty. Gen., Department of Justice, Washington, D. C., and Charles M. Conway, U. S. Atty., Fort Smith, and Max E. Findley, Sp. Asst. to U. S. Atty., Fort Smith, Ark., Roger P. Marquis, Washington, D. C., on the brief, for appellee.

Before VOGEL, Chief Judge, and BLACKMUN and GIBSON, Circuit Judges.

BLACKMUN, Circuit Judge.

We are concerned here with a condemnation commission appointed under Rule 71A(h), Fed.R.Civ.P., and the effect of the Supreme Court's unanimous opinion in United States v. Merz, 376 U.S. 192, 84 S.Ct. 639, 11 L.Ed.2d 629 (1964).

In May 1962 the United States instituted proceedings for the taking of additional lands for the Dardanelle Lock and Dam Project on the Arkansas River. Included were a fee interest...

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