United States v. A. R. Benning, United States of America v. Jack T. Morrison

295 F.2d 705 UNITED STATES of America, Appellant, v. A. R. BENNING et al., Appellees. UNITED STATES of America, Appellant, v. Jack T. MORRISON et al., Appellees. Nos. 17374, 17375. United States Court of Appeals Ninth Circuit. Sept. 20, 1961, As Amended Nov. 17, 1961. Ramsey Clark, Asst. U.S. Atty. Gen., Roger P. Marquis, and Elizabeth Dudley, Attys., Dept. of Justice, Washington, D.C., for appellant. Philip H. Angell, San Francisco, Cal., for appellees. Mose Silverman, San Francisco, Cal., amicus curiae. Before HAMLEY, JERTBERG and MERRILL, Circuit Judges. HAMLEY, Circuit Judge. 1 The United States, having appealed from judgement entered on the issue of compensation in these condemnation proceedings, is in process of obtaining transmittal to this court of the record on appeal. Part of the record will consist of the reporter's transcript of evidence received at the trail before commissioners appointed in the manner provided by Rule 71A(h), Federal Rules of Civil Procedure, 28 U.S.C.A. The Government purchased the original of this transcript at a cost of $4,946, computed at the established rate of sixty-five cents a page. Desiring to retain the original for its own use, the…