McKendry

There are here pending two appeals from orders in connection with the condemnation of fee simple title to three hundred sixty acres of land in Kern County, California, which is owned by appellants. The declared purpose of the taking was that this realty would be used in the expansion of Edwards Air Force Base. On February 27, 1953, complaint in the action and declaration of taking *358 were filed. 1 2 The estimated just compensation for the taking of this parcel, deposited concurrently in the registry of the court, was $205,000.00. An order vesting title in the United States pursuant to the filing of the declaration was entered March 2,1953.

Upon motion of appellants, the court ordered $194,402.73 paid from the sum on deposit on their account.* Thereafter, when the United States had filed a motion for immediate possession of the parcel, appellants moved to set aside the declaration of taking and the judgment entered pursuant thereto, and at the same time moved to dismiss the condemnation proceeding. Both these motions were denied by Hon. Campbell Beaumont, district judge, on March 23, 1954, and at the same time it was ordered that the premises should be surrendered on May 22,…