United States v. John K. & Catherine S. Mullen Benev. Corp.

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Tbis actl°n was brougbt tbe Pr0' . yisions of the Tueker Act by the owner of certain bonds issued to cover the cost of sewers and disposal works and cement walks within certain assessment districts within the city (formerly village) of American Falls, Idaho. This action was consolidated on appeal United States v. J. K. Mullen Inv. Co. (C. C. A.) 63 F.(2d) 56 inlying bonds of improvement district will deal with the latter ease m a separate opinion because of a difference in the pleadjngS) Uizh will include herein a statement of. gome 0f faetg applicable to improvement district No. 9.

The land formerly occupied by the populated porti0n 0f the Village of American Falls jg now witJxin the flooded area above the American Falls dam constructed by the United States across Snake river to empound waters for an irrigation project of the Reelamation Sendee. The people of the village' moved to higher ground above the submerged area and within the corporate limits of the *49 village, taking with them the buildings winch had been constructed upon their respective lots which they had reserved in selling their land to the United States.

The action is brought upon the theory that the United…