UNITED STATES v. EVANS

No. 8665.

365 F.2d 95 (1966)

UNITED STATES of America, Appellant, v. D. W. EVANS and Edith Evans, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 19, 1966.


Attorney(s) appearing for the Case

A. Donald Mileur, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis and Frank McAnear, Attys., Dept. of Justice, on the brief), for appellant.

A. Harry Crane, Topeka, Kan. (Ward D. Martin, Arthur L. Claussen, Harvey D. Ashworth, John Hamilton, Topeka, Kan., L. R. Hannen, Burlington, Kan., and Raymond L. Spring, Topeka, Kan., on the brief), for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


HILL, Circuit Judge.

The government seeks to perfect an appeal, in three condemnation cases, from an order entered and denominated "Order Sustaining Motion to Direct United States of America to Pay Deficiency Plus Interest and Judgment and Order of Distribution." The landowner has filed a motion to dismiss the appeal contending the notice of appeal was not timely filed.

The pertinent procedural facts, not being in dispute, are as follows: In 1962 the government...

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