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HIGGINSON v. UNITED STATES

No. 16926.

384 F.2d 504 (1967)

Cyrus HIGGINSON, On Behalf of Himself and All Other Former Landowners, or Heirs, Successors, and Assigns Thereof, of Thirty Six Thousand Acres, Namely Camp Breckenridge, in Union, Henderson, and Webster Counties, Kentucky, Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 28, 1967.

Attorney(s) appearing for the Case

Melvin M. Belli, San Francisco, Cal., for appellant, Belli, Asche, Gerry & Allison, San Francisco, Cal., Jerry W. Nall, Nall & Stephens, Owensboro, Ky., T. D. Emberton, Edmonton, Ky., John Y. Brown, Brown, Sledd & McCann, Lexington, Ky., on the brief.

A. Donald Mileur, Dept. of Justice, Washington, D. C., for appellee, Edwin L. Weisl, Jr., Asst. Atty. Gen., S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C., Ernest W. Rivers, U. S. Atty., Louisville, Ky., on the brief.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

During and immediately after World War II the government established a United States Army Garrison at Morganfield, Kentucky, known as Camp Breckenridge. For this purpose it assembled some 36-thousand acres of land through eminent domain proceedings in the United States District Court for the Western District of Kentucky, Owensboro Division. In the condemnation actions Declarations of Taking were filed by Henry L. Stinson, Secretary of War of the United...

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