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SIMONS v. UNITED STATES

No. 11477.

162 F.2d 905 (1947)

SIMONS et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 21, 1947.

Attorney(s) appearing for the Case

A. O. Colburn and Frank Funkhouser, both of Spokane, Wash., for appellants.

David L. Bazelon, Asst. Atty. Gen., and Bernard H. Ramsey, Sp. Asst. to the Atty. Gen., Roger P. Marquis and Wilma C. Martin, Attys., Dept. of Justice, both of Washington, D. C., for appellee.

Before MATHEWS, HEALY and BONE, Circuit Judges.

MATHEWS, Circuit Judge.

On February 23, 1943, appellee (the United States) commenced a proceeding for the condemnation of lands, including tracts K-765, K-799 and K-803, in Benton County, Washington, and obtained an order granting it immediate possession thereof. At that time, tract K-765 was owned by Harry Simons, tract K-799 was owned by appellants (Virgel O. Simons and Margaret Simons), and tract K-803 was owned by appellants and Harry Simons. Appellee took possession...

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