Legal Opinion

United States v. Eighty Acres of Land in Williamson County

District Court, E.D. Illinois

Decided January 28, 1939No. 3144PublishedCited by 28 opinions

1Opinion of the Court

WHAM, District Judge.

The United States has filed its petition for the condemnation of defendants’ land described therein and has filed in the condemnation suit its “Declaration of Taking” on which judgment was entered on June 23, 1938.

The defendants G. W. Kirk and Effie Kirk have filed a motion to dismiss the suit in its entirety and another motion to vacate the judgment on the “Declaration of Taking.” The case is now before the court on the two motions.

The motion to dismiss is lengthy but the grounds upon which the defendants chiefly rely may be summarized as follows: (1) The petition does…

2Cases cited33 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Kohl v. United StatesSupreme Court of the United States · 1876
  3. Rindge Co. v. County of Los AngelesSupreme Court of the United States · 1923
  4. Joslin Manufacturing Co. v. City of ProvidenceSupreme Court of the United States · 1923
  5. Bragg v. WeaverSupreme Court of the United States · 1919

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3Cited by28 opinions

  1. United States v. CarmackSupreme Court of the United States · 1947
  2. United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
  3. City of Oakland v. United StatesCourt of Appeals for the Ninth Circuit · 1942
  4. United States v. Certain Parcels of LandDistrict Court, D. Maryland · 1941
  5. Cuglar v. Power AuthorityNew York Supreme Court · 1957

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