SMITH v. UNITED STATES

No. 20359.

362 F.2d 366 (1966)

Arnold A. SMITH and Rachael Smith, his wife, and Herbert Smith and Evelyn Smith, his wife, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 6, 1966.


Attorney(s) appearing for the Case

Jarril F. Kaplan, Curtis A. Jennings, Moore, Romley, Kaplan, Robbins & Green, Phoenix, Ariz., for appellants.

Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Lawrence B. Silver, Gilbert E. Andrews, Attys., Dept. of Justice, Washington, D. C., Wm. P. Copple, U. S. Atty., Richard C. Gormley, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before POPE, HAMLEY and KOELSCH, Circuit Judges.


PER CURIAM:

Proceeding under the Tucker Act, 28 U.S.C. § 1346(a) (2), Arnold A. Smith and Herbert Smith, and their wives, brought this action against the United States to recover $7,470 for the taking, use and occupancy of plaintiffs' warehouse and office buildings in Phoenix, Arizona.

We summarize the pertinent allegations of the amended complaint: Until May 8, 1964, and prior thereto, plaintiffs had leased the premises to Lichty Printing and Business...

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