Polson Logging Co. v. United States

Appellee moves to dismiss the appeal here from a judgment in a proceeding for the condemnation of the fee simple of right-of-way and timber lands in Grays Harbor County, State of- Washington, rendered prior to the determination of damages to the owner of the land. The motion is on the ground that the judgment is not a final decision within section 128 of the Judicial Code, 28 U.S.C. § 225 (a), 28 U.S.C.A. § 225 (a).

The complaint for condemnation of the right-of-way only, filed on January 21, 1942, was alleged to be brought under the Act of Congress of June 4, 1897, as amended, 16 U.S.C.A. §§ 473-482 , and the Agricultural Appropriation Act of 1942, 55 Stat. 408 . It was accompanied by the filing of a declaration of taking by the Secretary of Agriculture under the Act of February 26, 1931, 46 Stat. 1421 , 40 U.S.C.A. § 258a. Judgment was entered January 23, 1942, awarding title to the right-of-way to appellee and ordering delivery of possession of February 2, 1942. It is stipulated that such possession was taken on that date. No appeal was taken from this judgment or order.

An amended complaint and a declaration of taking was filed on October 23, 1943, followed by a further…