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CHANDLER v. UNITED STATES

No. 8638.

372 F.2d 276 (1967)

William W. CHANDLER, Jr., Trustee-Conservator, J. Park Smith, Jr., and Edith M. Smith Malone, Land Tenants, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 17, 1967.

Attorney(s) appearing for the Case

Jerry W. Hannah, Topeka, Kan. (Richard Ankerholz, Lyons, Kan., Clayton M. Davis and Mark L. Bennett, Sr., Topeka, Kan., on the brief), for appellants.

William M. Cohen, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Atty. Dept. of Justice, Newell A. George, U. S. Atty., and Clarence J. Malone, Asst. U. S. Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

The appellee filed this condemnation suit in the United States District Court for the District of Kansas to acquire land in connection with the Quivera National Wild Life Refuge in Stafford County, Kansas. The issue of just compensation was tried before a commission, appointed pursuant to Rule 71A(h), F.R.Civ.P., its report was approved and confirmed by the court and this appeal followed.

The procedural background is necessary for an understanding...

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