St. Bernard Cypress Co. v. United States

HUTCHESON, Circuit Judge.

This appeal, like that in Guste v. U. S. (C. C. A.) 55 F.(2d) 115, attacks a spillway condemnation award. The proceedings were conducted under the authority of the Mississippi River Flood Control Act of May 15, 1928 (33 USCA § 702a et seq.). Section 4 of the act (33 USCA § 702d), authorizing the Secretary of War to cause condemnation proceedings to be instituted, provides: “In all such proceedings the court, for the purpose of ascertaining the value of the property and assessing the compensation to be paid, shall appoint three commissioners, whose award, when…