State of Washington v. United States

214 F.2d 33 STATE OF WASHINGTON v. UNITED STATES. No. 13312. United States Court of Appeals Ninth Circuit. June 1, 1954. 1 COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Smith Troy, Atty. Gen., of State of Washington, Harold A. Pebbles, Sp. Asst. Atty. Gen., of State of Washington, Charles L. Powell, Sp. Atty., for the State of Washington, Kennewick, Wash., for appellant. 2 Perry W. Morton, Asst. Atty. Gen., Lands Division, John C. Harrington, Roger P. Marquis, Attys., Department of Justice, Washington, D. C., Bernard H. Ramsey, Sp. Asst. to the Atty. Gen., for appellee. 3 Before ORR and POPE, Circuit Judges, and JAMES M. CARTER, District Judge. 4 JAMES M. CARTER, District Judge. 5 In this condemnation action there is involved the taking by the United States of America, hereafter called the United States, of a secondary road belonging to the State of Washington, hereafter called the State. After trial before a jury, and the return of a verdict in favor of the State for $581,721.91, the trial court determined that "no substantial evidence was adduced in the trial of said cause establishing or tending to establish the necessity for a replacement" of the state highway taken.…