Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. .44 of an Acre of Land

decided.: July 17, 1946.

UNITED STATES
v.
.44 OF AN ACRE OF LAND IN LEBANON COUNTY, PA., ET AL.



Author: Mclaughlin

Before BIGGS, EDGERTON, and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This appeal involves condemnation proceedings brought by the United States to acquire certain land owned by the School District of the City of Lebanon, Pennsylvania. Three viewers were appointed in accordance with the state practice. On August 7, 1944 they filed their report fixing the value of the land at $10,200. The Court confirmed the report nisi the same day and directed the clerk to serve notices by mail upon the School District, its attorneys and others as provided by Rules 77(d) and 5(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The notices which were mailed August 7, 1944 read:

"You are hereby given notice that the Report of the Viewers in the above captioned case was duly filed on August 1944 and has been confirmed nisi. Unless exceptions are filed or an appeal is taken within thirty days from the filing of the said Report, the same will be confirmed absolutely.

"The original Report is on file in the Office of the Clerk of the United States, District Court at Scranton, Pennsylvania, and a copy thereof is available for examination at the office of the United States Attorney, Room 320, Post Office Building, Harrisburg, Pa.

"The total amount awarded by the Viewers is as follows: $10,200.00.

"No claims have been allowed, except as noted below, and distribution has been awarded as follows:

"The School District of the City of Lebanon $10,200.00.

"William H. Mitchell,

"Clerk U.S. District Court,

"Scranton, Pennsylvania."

The notices conformed to Pennsylvania law.*fn1 On September 30, 1944, no exceptions having been filed and no appeal for a jury trial having been taken, the report was confirmed absolutely, and the School District was awarded the sum allowed by the viewers. By December 11, 1944 the United States had the entire amount of the award with interest on deposit in Court. On December 14, 1944 the School District filed a petition for allowance of an appeal from the report nunc pro tunc. This alleged "That a copy of the above notice undated came into the hands of the School District and its solicitor at some undetermined date, because the notice of the filing of the Report of the Viewers failed to show a date although it did show an amount; and also failed to show the date that the Report of Viewers was filed, * * *." It further sets out that there had been two discussions concerning an appeal by either party or both, the first on July 12, 1944 and the other at a later date. The petition then states:

"That immediately thereafter in an attempt to clarify the matter, your Petitioner communicated with the Clerk of Court by telephone to ascertain what the exact situation then was, and with other attorneys for the United States and was at that time advised that the final confirmation of the Viewers' Report had not yet been signed by the Court;

"That your Petitioner thereupon, in accordance with the then understanding, believing that the final confirmation had not been signed by the Court, filed an appeal in duplicate, to wit, on October 26, 1944, but by letter of M. F. McDonald, Jr., Esq., Special Assistant United States Attorney, was advised that the Decree confirming the Viewers' Report absolutely was filed on September 30, and suggesting ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.