(Download) "Massachusetts Mut. Life Ins. Co. v. Securities and Exchange Commission" by Eighth Circuit Circuit Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Massachusetts Mut. Life Ins. Co. v. Securities and Exchange Commission
- Author : Eighth Circuit Circuit Court of Appeals
- Release Date : January 30, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
On the first trial of this action, in which the United States seeks to condemn as a site for a proposed postoffice, courthouse, and customhouse building that part of a public park in the City of Cape Girardeau, Missouri, on which are located a public library and a building housing the local court of common pleas, the offices of the City of Cape Girardeau and the court officials, there was a judgment in favor of the United States. We reversed for reasons not necessary to be restated on this appeal from a judgment against the United States on the second trial. Carmack v. United States, 8 Cir., 135 F.2d 196. In remanding the case on the first appeal for further proceedings in the District Court we said that, while the inherent power of the United States to take the lands in question could not be doubted, there was on the record then before us the question as to whether the United States had determined, by the General Acts of Congress under which the condemnation proceedings were presecuted, to exercise that power in respect to the particular property sought to be condemned; and the further question, if the first should be answered in the affirmative, whether in carrying out the purpose of Congress the agents of the Government to whom the selection of land for the site of the proposed Federal building had been delegated by Congress had acted capriciously or arbitrarily. Carmack v. United States, supra, 135 F.2d at pages 199, 200. Both questions have been resolved against the United States. This appeal brings into question these rulings of the District Court. Since we conclude that the courts decision on the first question is correct under the facts in this case, we find it unnecessary to consider the second.
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