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PEOPLE OF PUERTO RICO v. EASTERN SUGAR ASSOCIATES

No. 4112.

156 F.2d 316 (1946)

PEOPLE OF PUERTO RICO v. EASTERN SUGAR ASSOCIATES et al.

Circuit Court of Appeals, First Circuit.

June 28, 1946.

Attorney(s) appearing for the Case

David Lloyd Kreeger, Sp. Asst. to the Atty. Gen. (John F. Sonnett, Asst. Atty. Gen., Jerome H. Simonds, Bonnell Phillips, Jane Agnes Parker, Attys., Department of Justice, Warner Gardner, Sol., Irwin W. Silverman, Chief Counsel, Division of Territories and Island Possessions, and Shirley Ecker Boskey, Atty., Department of the Interior, all of Washington, D. C., on the brief), for appellant.

E. T. Fiddler, of San Juan, Puerto Rico, for appellees.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

This appeal is from an order of the District Court of the United States for Puerto Rico dismissing a petition to condemn approximately 3,100 acres of land situated on the Island of Vieques owned by the appellee, Eastern Sugar Associates, subject to a mortgage held by the appellee, National City Bank of New York, on the ground that the petition fails "to state a public use or purpose for which private property may be acquired by eminent domain...

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