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UNITED STATES v. 1160.96 ACRES OF LAND, HOLMES CO., MISS.

No. 28232.

432 F.2d 910 (1970)

The UNITED STATES of America, Plaintiff-Appellee, v. 1160.96 ACRES OF LAND, MORE OR LESS, Situate IN HOLMES COUNTY, STATE OF MISSISSIPPI and Mrs. Florence B. Fisackerly, C. K. Fisackerly, Jr. and Mrs. Grace Fisackerly, Defendants-Appellants-Landowner.

United States Court of Appeals, Fifth Circuit.

October 5, 1970.

Attorney(s) appearing for the Case

Robert Hauberg, U. S. Atty., Jackson, Miss., Shiro Kashiwa, Asst. Atty. Gen., S. Billingsley Hill, Charles N. Woodruff, Attys., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

John M. Grower, William Timothy Jones, Jackson, Miss., for defendants-appellants; John Sharp Holmes, Holmes & Cortright, Yazoo City, Miss., Brunini, Everett, Grantham & Quin, Jackson, Miss., of counsel.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit Judges.

JOHN R. BROWN, Chief Judge:

As in most eminent domain cases, the controversy here is more principal than principle. The legal issue is the propriety of a Court ordered remittitur as a condition to denial of the Government's motion for new trial. We hold the remittitur to have been improper and reverse and remand.

On March 14, 1968 the United States Government filed a Declaration of Taking on 1160 acres of Defendants' land in the Mississippi Delta

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