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UNITED STATES v. TROUT

No. 24186.

386 F.2d 216 (1967)

UNITED STATES of America, Appellant, v. O. C. TROUT, Jr. and wife, Dora S. Trout, Appellees. O. C. TROUT, Jr. and wife, Dora S. Trout, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals Fifth Circuit.

December 4, 1967.

Attorney(s) appearing for the Case

William O. Murray, Jr., 1st. Asst. U. S. Atty., San Antonio, Tex., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Elizabeth Dudley, Raymond N. Zagone, Attys., Dept. of Justice, Washington, D. C., Ernest Morgan, U. S. Atty., San Antonio, Tex., Charles Andrew Gary, Asst. U. S. Atty., San Antonio, Tex., for appellant.

Edward W. Watson, Galveston, Tex., for O. C. Trout, and another, appellees-appellants. Eastham, Watson, Dale & Forney, Galveston, Tex., of counsel.

Before WISDOM, THORNBERRY and GOLDBERG, Circuit Judges.

THORNBERRY, Circuit Judge:

This appeal is from a judgment of the district court awarding appellees, Mr. and Mrs. Trout, $72,202 as the fair market value of 210 acres condemned by the United States for the purpose of building the Canyon Dam in Comal County, Texas. Appellees had owned a 731.9-acre ranch bordering on the banks of the Guadalupe River since 1942. The United States filed the Petition for Condemnation and Declaration of Taking in January, 1960. The 210 acres...

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