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O'BRIEN v. UNITED STATES

No. 24291.

392 F.2d 949 (1968)

Esse Forrester O'BRIEN, joined by her husband, John L. O'Brien, and William F. O'Brien, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 3, 1968.

Attorney(s) appearing for the Case

D. M. Wilson, Wilford W. Naman, Bryan, Wilson, Olson & Stem, Naman, Howell, Smith & Chase, Waco, Tex., for appellants.

William O. Murray, Jr., Asst. U. S. Atty., San Antonio, Tex., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Raymond N. Zagone, Attys., Dept. of Justice, Washington, D. C., Ernest Morgan, U. S. Atty., San Antonio, Tex., for appellee.

Before RIVES and GEWIN, Circuit Judges, and HANNAY, District Judge.

HANNAY, District Judge:

The proceedings below arose out of the exercise of the power of federal eminent domain. The condemned land consisted of some 87.78 acres out of a tract of 210.65 acres owned by Appellants within the confines of the City of Waco, McLennan County, Texas. The purpose of the condemnation was the establishment of the Waco Reservoir Project in the Brazos River Basin in that locale of north central Texas.

The greater bulk of the taken land...

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