Legal Opinion

United States v. Certain Land in City of Cape Girardeau

District Court, E.D. Missouri

Decided August 31, 1948No. 482PublishedCited by 2 opinions

1Opinion of the Court

HULEN, District Judge.

By direction of the Supreme Court (United States v. Carmack, 329 U.S. 230, 67 S.Ct. 252, 91 L.Ed. 209), plaintiff was granted a preliminary judgment in condemnation of the land described in the petition. Conventional proceedings followed with appointment of commissioners to fix compensation. An award of Thirty-Five Thousand Dollars ($35,000) was made.

The Government alleges in their petition, defendant City of Cape Girardeau is the owner of the fee of the land condemned and entitled to the compensation award. The City of Cape Girardeau asserts a like interest in the land.…

2Cases cited17 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Kohl v. United StatesSupreme Court of the United States · 1876
  3. United States v. CarmackSupreme Court of the United States · 1947
  4. Chappell v. United StatesSupreme Court of the United States · 1896
  5. Morrill v. Wabash, St. Louis & Pacific RailwaySupreme Court of Missouri · 1888

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3Cited by2 opinions

  1. Land Clearance for Redevelopment Authority v. City of St. JosephMissouri Court of Appeals · 1977
  2. Carmack v. United StatesCourt of Appeals for the Eighth Circuit · 1949

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