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UNITED STATES v. HAYES

No. 11900.

172 F.2d 677 (1949)

UNITED STATES v. HAYES et al. HAYES et al. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

February 14, 1949.

Attorney(s) appearing for the Case

A. DeVitt Vanech, Asst. Atty. Gen., Henry L. Hess, U. S. Atty., of Portland, Or., and John F. Cotter and Elizabeth Dudley, Attys., Dept. of Justice, both of Washington, D. C., for appellant the United States.

Edwin D. Hicks, J. W. McCulloch, Thomas H. Tongue, III, and Hicks, Davis & Tongue, all of Portland, Or., for appellants Hayes et al.

Before HEALY and ORR, Circuit Judges, and YANKWICH, District Judge.

YANKWICH, District Judge.

I.

Statement of the Case.

This is an appeal and cross-appeal, in a land condemnation case, from an order of the trial court striking the declaration of taking and dismissing the cause, after it had set aside the jury's verdict as excessive.

On April 22, 1946, the United States of America, to be referred to as "the Government," instituted proceedings to condemn 1,101.68 acres of land owned by Mary I. (Bell) Hayes...

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