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WEST, INC. v. UNITED STATES

No. 22819.

374 F.2d 218 (1967)

WEST, INC., and Mrs. Florence Wetherbee, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 10, 1967.

Attorney(s) appearing for the Case

Garner W. Green, Jr., Garner W. Green, Sr., Jackson, Miss., for West, Inc., and Mrs. Florence Wetherbee, appellants. Green, Green & Cheney, Jackson, Miss., of counsel.

E. R. Holmes, Jr., Asst. U. S. Atty., Jackson, Miss., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Edmund B. Clark, Attys., Dept. of Justice, Washington, D. C., Robert E. Hauberg, U. S. Atty., Jackson, Miss., for appellee.

Before TUTTLE, Chief Judge, THORNBERRY and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

On June 8, 1964, the United States filed a petition in condemnation to acquire, inter alia, the fee title to the three tracts of land in question, needed in connection with the Yazoo Basin Headwater Project in Mississippi, allegedly for use as a fish and wildlife preserve designed to offset fish and wildlife losses due to the flood control project. (Flood Control Act of 1946, 60 Stat. 608; 77 Stat. 844 (1963); 33 U.S.C. §§ 591, 701...

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