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UNITED STATES v. LYNAH

No. 45.

188 U.S. 445 (1903)

23 S.Ct. 349

47 L.Ed. 539

UNITED STATES v. LYNAH.

Supreme Court of United States.

Decided February 23, 1903

Attorney(s) appearing for the Case

Mr. Robert A. Howard for the plaintiff in error with whom Mr. Solicitor General Richards was on the brief.

Mr. J.P. Kennedy Bryan for defendant in error in No. 45. Mr. Julian Mitchell, Jr., with whom Mr. Julian Mitchell and Mr. Henry A.M. Smith were on the brief for defendants in error in No. 59.

MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

There are three principal questions in this case: First, did the Circuit Court have jurisdiction; second, was there a taking of the land within the meaning of the Fifth Amendment; and, third, if there was a taking, was the government subject to the obligation of making compensation therefor?

Did the Circuit Court have jurisdiction...

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