Legal Opinion

United States v. Francis W. Brinker and Julia T. Brinker, Carlos F. Bingesser and Marjorie L. Bingesser

Court of Appeals for the Tenth Circuit

Decided August 4, 1969No. 10199_1PublishedCited by 11 opinions

1Opinion of the Court

HILL, Circuit Judge.

The United States filed a declaration of taking on June 24, 1964, to condemn a 347-acre farm in Mitchell County, Kansas. Fee title in the land was held by Carlos and Marjorie Bingesser who had granted a fifteen year lease to the appellants Francis and Julia Brinker, husband and wife. Although the lessors and the Government requested a jury trial on the issue of just compensation, the district court convened a commission pursuant to Rule 71A(h), F.R.Civ.P. Over objection, the court approved the report of the commission and awarded $203,183 to the lessors and $5,526 to the…

2Cases cited8 opinions

  1. United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
  2. United States v. SowardsCourt of Appeals for the Tenth Circuit · 1966
  3. Welch v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 1939
  4. United States v. WaymireCourt of Appeals for the Tenth Circuit · 1953
  5. Missouri-Kansas Pipe Line Co. v. Columbia Gas & Electric Corp.Supreme Court of the United States · 1940

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

3Cited by11 opinions

  1. Joseph Seravalli, John Seravalli, Jr., and the Brookchester Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  2. United States v. Helen Louise Corbin, Virginia May Wyllie, Appellants-LandownersCourt of Appeals for the Tenth Circuit · 1970
  3. United States v. 20.53 Acres of Land, More or Less, in Osborne County, Kansas, and City of Downs, State of Kansas, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1973
  4. Cloverport Sand & Gravel Co. v. United StatesUnited States Court of Claims · 1984
  5. United States v. 494.10 Acres of Land in Cowley County, Kansas, Robert L. Wilson, and the Union State Bank, Arkansas City, KansasCourt of Appeals for the Tenth Circuit · 1979

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