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SMITH v. UNITED STATES

Civ. No. 5359.

243 F.Supp. 222 (1965)

Arnold A. SMITH and Rachael Smith, his wife, and Herbert Smith and Evelyn Smith, his wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court District of Arizona.

April 7, 1965.

Attorney(s) appearing for the Case

Moore, Romley, Kaplan, Robbins & Green, Phoenix, Ariz., for plaintiffs.

Wm. P. Copple, U. S. Atty., Richard G. Gormley, Asst. U. S. Atty., Phoenix, Ariz., for defendant.

CRAIG, District Judge.

The above entitled cause was instituted pursuant to Title 28, U.S.C., Section 1346 (a) (2), seeking to recover damages from the United States of America for the taking, use and occupancy of certain premises described in the complaint and owned by plaintiffs. The defendant has moved to dismiss the complaint upon the grounds that it fails to state a claim upon which relief can be granted.

It appears from the record in this case that prior...

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