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UNITED STATES v. BRINKER

No. 10199.

413 F.2d 733 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Francis W. BRINKER and Julia T. Brinker, Defendants-Appellants, Carlos F. Bingesser and Marjorie L. Bingesser, Defendants-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 4, 1969.

Attorney(s) appearing for the Case

Paul L. Aylward, of Miner & Aylward, Ellsworth, Kan., for appellants.

William M. Cohen, Attorney, Department of Justice, Washington, D. C. (Clyde O. Martz, Asst. Atty. Gen., S. Billingsley Hill, Attorney, Department of Justice, Washington, D. C., Benjamin E. Franklin, U. S. Atty., and Clarence J. Malone, Asst. U. S. Atty., Topeka, Kan., on the brief), for appellee.

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

HILL, Circuit Judge.

The United States filed a declaration of taking on June 24, 1964, to condemn a 347-acre farm in Mitchell County, Kansas. Fee title in the land was held by Carlos and Marjorie Bingesser who had granted a fifteen year lease to the appellants Francis and Julia Brinker, husband and wife. Although the lessors and the Government requested a jury trial on the issue of just compensation, the district court convened a commission pursuant to Rule 71A(h...

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