Legal Opinion

United States v. Leavell & Ponder, Inc., and Morgan Company, Inc.

Court of Appeals for the Fifth Circuit

Decided March 7, 1961No. 18427PublishedCited by 57 opinions

1Opinion of the Court

TUTTLE, Chief Judge.

This is an appeal by the government from an award in a condemnation of a Wherry Housing Project. The matter was originally referred by the trial court to three commissioners as authorized by Rule 71A, Federal Rules of Civil Procedure, 28 U.S.C.A. The findings of fact and conclusions of the commissioners were accepted in full and adopted by the trial court.

The principal grounds of the government’s appeal are: (1) the commissioners made a finding of value based on evidence of a prior sale of part of this same property, whereas such prior salé was not for cash or its…

2Cases cited12 opinions

  1. United States v. Benning Housing Corporation, and Unknown OwnersCourt of Appeals for the Fifth Circuit · 1960
  2. Buena Vista Homes, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1960
  3. Jefferson Park District v. SowinskiIllinois Supreme Court · 1929
  4. United States v. TheimerCourt of Appeals for the Tenth Circuit · 1952
  5. Oregon R. & N. Co. v. EastlackOregon Supreme Court · 1909

7 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. United States v. 320.0 Acres of Land, More or Less in the County of Monroe, State of Florida,and Salvatore R. CicconeCourt of Appeals for the Fifth Circuit · 1979
  2. United States v. 0.161 Acres of Land, More or Less, Situated in the City of Birmingham, Jefferson County, AlabamaCourt of Appeals for the Eleventh Circuit · 1988
  3. United States v. WhitehurstCourt of Appeals for the Fourth Circuit · 1964
  4. Homer v. Dadeland Shopping Center, Inc.Supreme Court of Florida · 1969
  5. United States v. Percy Smith and Ella SmithCourt of Appeals for the Fifth Circuit · 1966

52 more not listed; retrieve them via the Exa API.

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