Legal Opinion
United States v. Certain Land
Court of Appeals for the Second Circuit
Decided December 29, 1969No. Nos. 605, 606, Dockets 31181, 31182PublishedCited by 5 opinions
1Per curiam
The motion of the United States to delete costs is treated as a petition for rehearing, which petition is granted despite the fact that it was filed out of time. Federal Rules of Appellate Procedure, Rule 26(b).
In our previous opinion in this case, United States v. Certain Land, 415 F.2d 265 (2d Cir. Sept. 4, 1969), we awarded the costs of appeal to the appellant landowners. It now appears that such award in a condemnation action was improper. See 28 U.S.C. § 2412(a), 80 Stat. 308 (prior to amendment by Pub.L. 89-507, effective July 18,1966); see also, United States v. Worley, 281 U.S. 339,…
2Cases cited4 opinions
- United States v. WorleySupreme Court of the United States · 1930
- United States of America Upon the Relation and for the Use of the Tennessee Valley Authority v. Council J. PressnellCourt of Appeals for the Sixth Circuit · 1964
- United States v. Certain LandCourt of Appeals for the Second Circuit · 1969
- Allen v. RachalDistrict Court, W.D. Texas · 1967
3Cited by5 opinions
- United States of America Upon the Relation and for the Use of the Tennessee Valley Authority v. An Easement and Right-Of-Way Containing 0.1 Acres, More or Less, Over Certain Land in Hamilton County, Tennessee, Oral Bible, Et Ux., United States of America Upon the Relation and for the Use of the Tennessee Valley Authority v. 12.85 Acres of Land, More or Less, a Road Easement and Right of Way Over an Additional 1.18 Acres of Land, More or Less, and Certain Additional Rights, All in Hamilton County, Tennessee, Baxter R. GannCourt of Appeals for the Sixth Circuit · 1971
- United States ex rel. Tennessee Valley Authority v. An Easement & Right-of-Way Containing 0.1 AcresCourt of Appeals for the Sixth Circuit · 1971
- United States v. Certain LandCourt of Appeals for the Second Circuit · 1969
- United States v. 12.85 Acres of LandDistrict Court, E.D. Tennessee · 1971
- Factors Etc., Inc. v. Pro Arts, Inc.District Court, S.D. New York · 1982