Opinion
No. 11012.
October 8, 1945.
Appeal from the District Court of the United States for the District of Oregon; James Alger Fee, Judge.
J. Edward Williams, Acting Head, Lands Division, Dept. of Justice, Roger P. Marquis, and Fred W. Smith, Attys., Dept. of Justice, all of Washington, D.C., for appellant.
W.C. Winslow, of Salem, Ore., for appellee.
Before STEPHENS, HEALY, and BONE, Circuit Judges.
This is a companion case to E.C. Shevlin Co. v. United States, 146 F.2d 613, and Clair v. United States, 146 F.2d 617, the material facts of which are identical with those of the present case. There the court, after the lapse of the term, had set aside judgments fixing compensation on a declaration of taking. We held that the court was without power to take such action. The judgment is accordingly reversed on the authority of those cases.