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OWEN v. UNITED STATES

No. 4597.

8 F.2d 992 (1925)

OWEN et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 25, 1925.

Attorney(s) appearing for the Case

C. L. Galloway, of El Paso, Tex. (Paul D. Thomas, of El Paso, Tex., on the brief), for plaintiffs in error.

N. J. Morrisson, Asst. U. S. Atty., of El Paso, Tex. (John D. Hartman, U. S. Atty., H. R. Gamble, Asst. U. S. Atty., both of El Paso, Tex., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The United States, proceeding under the Act of June 17, 1902, 32 Stat. 388 (Comp. St. § 4700 et seq.), relating to the construction of irrigation works for the reclamation of arid lands, filed its petition for the condemnation of land upon which an irrigation canal called the "Parker Ditch" is located, and alleged that the land and canal were a necessary part of the Rio Grande irrigation project within the county of El Paso, Tex., but that...

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