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UNITED STATES v. 40.75 ACRES OF LAND, ETC.

Civ. A. No. 47 C 1077.

76 F.Supp. 239 (1948)

UNITED STATES v. 40.75 ACRES OF LAND, MORE OR LESS, SITUATE IN DU PAGE COUNTY, ILL, et al.

District Court, N. D. Illinois, E. D.

February 24, 1948.

Attorney(s) appearing for the Case

Otto Kerner, Jr., U. S. Atty., for Northern District of Illinois, and Clarence W. Beatty, Jr., Sp. Asst. to U. S. Atty., both of Chicago, Ill., for petitioner.

Edward B. Hayes and Stephen A. Milwid, both of Chicago, Ill., for defendants.

CAMPBELL, District Judge.

The primary concern of the court in setting all pending motions herein for oral argument was jurisdictional. Certain defendants had attacked the validity of the service of process upon them. As indicated in the court's memorandum of October 29, 1947, it was the invalidity of the first process served on the defendants that required the vacating of the original judgment on the declarations of taking. This jurisdictional question was removed...

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