C. M. Dow v. United States

RIVES, Circuit Judge.

This appeal is from a summary judgment dismissing C. M. Dow as a party defendant in a condemnation proceeding which, in accordance with Rule 54(b), Fed.Rules Civ.Proc. 28 U.S.C.A., was entered as a final and appealable judgment.

The United States commenced proceedings to condemn an easement for a pipe line right of way on March 9, 1943, and shortly thereafter went into possession of the easement pursuant to an order obtained under the Second War Powers Act of 1942, 56 Stat. 177. 1 More than two years thereafter, on November 1, 1945, Dow acquired by deed, made subject to…