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OYSTER SHELL PRODUCTS CORP. v. UNITED STATES

No. 13857.

197 F.2d 1022 (1952)

OYSTER SHELL PRODUCTS CORP., Inc. v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

July 24, 1952.

Attorney(s) appearing for the Case

George Link, Jr., New York City, John E. Jackson, Baldwin J. Allen, New Orleans, La., for appellant.

Elizabeth Dudley, Atty., Department of Justice, Washington, D. C., Roger P. Marquis, Atty., Wm. Amory Underhill, Asst. Atty. Gen., Norton L. Wisdom, New Orleans, La., Special Atty., for appellee.

Before HOLMES, RUSSELL and RIVES, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a judgment1 dismissing the appellant's so-called counterclaim filed in a condemnation proceeding instituted by the United States. Under 33 U.S. C.A. §§ 702a-11 and 702d, the Secretary of the Army was authorized to cause proceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the Secretary of the Army and the Chief...

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