Legal Opinion
In Re United States of America Praying for a Writ of Mandamus or Writ of Prohibition
Court of Appeals for the Fifth Circuit
Decided August 1, 1958No. 17267PublishedCited by 24 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
This is a petition for mandamus or prohibition to compel the district judge to set aside an order 1 vacating a declaration of taking, as amended, entered by him in a condemnation proceeding, 2 and to proceed to enter an appropriate order granting possession of the property here involved to the United States under the provisions of the Act of Feb. 26, 1931, 46 Stat. 1421, 40 U.S.C.A. § 258a, and the Act of August 7, 1956, 42 U.S.C.A. § 1594a.
Two questions are presented for decision:(1) Is Mandamus available to test the validity of the complained of order?(2) Is the order…
2Cases cited13 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- United States v. MillerSupreme Court of the United States · 1943
- Berman v. ParkerSupreme Court of the United States · 1954
- Ex Parte FaheySupreme Court of the United States · 1947
- United States v. DowSupreme Court of the United States · 1958
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Richardson v. RamirezSupreme Court of the United States · 1974
- United States v. 2,606.84 Acres of Land in Tarrant County, Texas, and Frank CornCourt of Appeals for the Fifth Circuit · 1970
- Clarence Evans and Katherine Evans v. United States of America, Chester Parker v. United StatesCourt of Appeals for the Eighth Circuit · 1964
- Bill J. Bishop v. United StatesCourt of Appeals for the Fifth Circuit · 1961
- In Re Condemnation by City of Philadelphia of Leasehold of Airportels, Inc.Commonwealth Court of Pennsylvania · 1979
19 more not listed; retrieve them via the Exa API.