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STATE v. AMERICAN MACHINE AND FOUNDRY COMPANY

Civ. A. No. 5363.

143 F.Supp. 703 (1956)

The STATE of COLORADO ex rel. the LAND ACQUISITION COMMISSION, a duly constituted and acting public body corporate, Petitioner, v. AMERICAN MACHINE AND FOUNDRY COMPANY, a New Jersey Corporation, Hattie N. Curtis, Eva Gilbert, W. J. Graham, as Treasurer of El Paso County and W. F. Phelps, as Assessor of El Paso County, Respondents.

United States District Court D. Colorado.

July 25, 1956.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen. for the State of Colorado, John P. Holloway, Asst. Atty. Gen., for petitioner.

Lewis, Grant & Davis, Byron R. White, and Robert H. Harry, Denver, Colo., Cox, Langford, Stoddard & Cutler, Washington, D. C., of counsel, for respondents.

KNOUS, Chief Judge.

The petition in condemnation herein involved initially was filed on April 19, 1956 in the State District Court of El Paso County, Colorado. Thereafter, on May 9, 1956, the Respondent, American Machine and Foundry Company, filed its petition for removal of the action against it to this Court. The matter now rests upon Petitioner's motion to remand.

The petition in condemnation sets forth, generally, that the Land Acquisition Commission was...

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