SCOTT v. UNITED STATES

No. 13500.

190 F.2d 134 (1951)

SCOTT et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

June 25, 1951.


Attorney(s) appearing for the Case

Dale H. McKibben, Jackson, Miss., for appellant.

Fred W. Smith, Roger P. Marquis, Attys., Department of Justice, Washington, D. C., A. Devitt Vanech, Asst. Atty. Gen., Joseph E. Brown, U. S. Atty., Jackson, Miss., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges.


STRUM, Circuit Judge.

The United States instituted in the court below, on May 9, 1935, a proceeding in eminent domain to acquire for public use 3234.9 acres of land in Mississippi, including a tract in Lincoln County described as the "P. S. Scott tract, #368," containing 90.93 acres, which tract appellants contend was then owned by Catherine Scott, wife of P. S. Scott.

The petition for condemnation was amended July 12, 1936, to name Perlie S. Scott and his...

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