United States v. 3.65 Acres of Land in City of St. Louis

HULEN, District Judge.

This case is before the Court on a motion of defendant land owner to vacate the order of immediate possession heretofore made in this cause.

On the 27th day of December, 1943, plaintiff filed a verified petition, seeking condemnation and immediate possession of certain land owned by the defendant. Other relief sought by the petition is not material to the present issue. Paragraph “Fifth” of the petition reads as follows: “Fifth: That the project herein referred to and the matters to be performed, being an acquisition of land in connection with the expansion of facilities…