Legal Opinion
United States v. 1160.96 Acres of Land
Court of Appeals for the Fifth Circuit
Decided October 5, 1970No. 28232PublishedCited by 19 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
As in most eminent domain cases, the controversy here is more principal than principle. The legal issue is the propriety of a Court ordered remittitur as a condition to denial of the Government’s motion for new trial. We hold the remittitur to have been improper and reverse and remand.
On March 14, 1968 the United States Government filed a Declaration of Taking on 1160 acres of Defendants’ land in the Mississippi Delta1 to be used as a floodway for the Yazoo Basin Headwater Project. The Secretary of the Army *911deposited $277,700 into the registry of the Court, an…
2Cases cited22 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Marsh v. Illinois Cent. R. Co.Court of Appeals for the Fifth Circuit · 1949
- Gorsalitz v. Olin Mathieson Chemical Corp.Court of Appeals for the Fifth Circuit · 1970
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- Donovan v. Penn Shipping Co.Supreme Court of the United States · 1977
- Burns v. McGraw-Hill Broadcasting Co., Inc.Supreme Court of Colorado · 1983
- Luke Bonura, Jr., Cross-Appellant v. Sea Land Service, Inc., Cross-Appellee, Atlantic & Gulfstevedores, Inc., IntervenorCourt of Appeals for the Fifth Circuit · 1975
- Johansen v. Combustion Engineering, Inc.Court of Appeals for the Eleventh Circuit · 1999
14 more not listed; retrieve them via the Exa API.