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THETFORD v. UNITED STATES

No. 9816.

404 F.2d 301 (1968)

Carl THETFORD, Mamie Thetford, Charles Phelps, Irene Phelps and Sooner State Securities, Inc., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 4, 1968.

Attorney(s) appearing for the Case

Thomas G. Smith, Purcell, Okl. (George Bingaman, Purcell, Okl., on the brief), for appellants.

George R. Hyde, Atty., Dept. of Justice, Washington, D.C. (Clyde O. Martz, Asst. Atty. Gen., Washington, D.C., Bruce Green, U. S. Atty., Max E. Findley, Sp. Asst. U. S. Atty., Muskogee, Okl., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D.C., on the brief), for appellee.

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

HILL, Circuit Judge.

The appeal is by landowners from an order overruling their objections to the taking of their lands by the Government and from the judgment determining ownership and just compensation in a land condemnation suit.

After the condemnation suit was filed the landowners attacked the right of the United States to take the particular land based upon the same argument urged here. The trial judge rejected the argument and held the taking to be within...

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