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MURPHY v. UNITED STATES DISTRICT COURT, ETC.

No. 10883.

145 F.2d 1018 (1944)

MURPHY et al. v. UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 12, 1945.

Attorney(s) appearing for the Case

A. M. Monaco and Heller, Ehrman, White & McAuliffe, all of San Francisco, Cal., for petitioner.

Norman M. Littell, Asst. Atty. Gen., M. Mitchell Bourquin, Sp. Asst. to Atty. Gen., and Vernon L. Wilkinson and Fred W. Smith, Attys., Dept. of Justice, both of Washington, D. C., for United States in support of respondents.

Before GARRECHT, MATHEWS, and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

On September 15, 1943, the United States of America instituted a proceeding in eminent domain to condemn 13.40 acres of land in the City of Richmond, for the use of the United States Maritime Commission in connection with the construction of shipyards.

The petitioners herein, the owners of the required 13.40 acres, had acquired the land by purchase, at a total cost of approximately $35,000. The parcel as a whole had never been developed...

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