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UNITED STATES v. 344.85 ACRES OF LAND, PERRY COUNTY, INDIANA

No. 15823.

384 F.2d 789 (1967)

UNITED STATES of America, Plaintiff-Appellant, v. 344.85 ACRES OF LAND, MORE OR LESS, Situate IN PERRY COUNTY, STATE OF INDIANA (Roy H. Mullen and Charles L. Mogan, Jr.), Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

June 27, 1967.

Attorney(s) appearing for the Case

Edmund B. Clark, Department of Justice, Washington, D. C., Richard P. Stein, U. S. Atty., Edwin L. Weisl, Jr., Asst. Atty. Gen., Joseph W. Annakin, Asst. U. S. Atty., Indianapolis, Ind., Roger P. Marquis, Atty., Department of Justice, Washington, D. C., for appellant.

William L. Mitchell, David M. Keck, Mitchell & Keck, Evansville, Ind., for defendants-appellees, Charles L. Mogan, Jr., and Bernita Mogan.

Before HASTINGS, Chief Judge, and KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

The government has appealed from judgments awarding compensation in condemnation proceedings to owners of farm land in Indiana taken for flowage easements in connection with the Cannelton Lock and Dam Project for control of Ohio River floods. We affirm the judgments.

The declarations of taking were filed on May 17, 1965, for the condemnation of the easements over 103.5 acres1 of the 213.2 acre Mullen farm...

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