v2367-931

In the United States Circuit Court of Appeals

for the Ninth Circuit

No. 10573

United States of America, appellant

Merchants Transfer & Storage Co. et al., appellees

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF WASHINGTON, NORTHERN

DIVISION

SUPPLEMENTAL BRIEP FOR THE UNITED STATES

Herein the Government will reply to the arguments

advanced by the appellees in their brief in support of

the order of September 21, 1943 (R. 51-52) requiring

the United States forthwith to return possession of

the property. It will also answer their argument in

support of their cross-appeal.

argument

I

The district court lacked jurisdiction to order the United

States to surrender possession under penalty of damages

"as for contempt"

Appellees argue that the district court's jurisdiction

to enter the order of September 21, 1943 (R. 51-52)

follows from its jurisdiction in condemnation which

was invoked by the United States (Br. 6-7). How-

CD

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archive.org Volume Name: govuscourtsca9briefs2367

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