Opinion · Court of Appeals for the Fifth Circuit
United States v. Greer Drainage Dist.
United States v. Greer Drainage Dist., 121 F.2d 675 (5th Cir. 1941)
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1941-07-07
- Topic
- general
How later courts describe this case
- under copyright statute, limiting attorney’s fees to a “prevailing party,” the court had power to allow fees when the defendant obtained a court order for the clarification of the complaint and the plaintiff then voluntarily dismissed without amending his pleading
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UNITED STATES v. GREER DRAINAGE DIST.,121 F.2d 675(5th Cir. 1941)
UNITED STATES v. GREER DRAINAGE DIST. OF MARSHALL AND LAFAYETTE COUNTIES,
MISSISSIPPI, et al.
No. 9868.
Circuit Court of Appeals, Fifth Circuit.
July 7, 1941.
Proceedings by the United States of America against Greer Drainage District of Marshall and Lafayette Counties, Mississippi, and others, to condemn lands for flood control and navigation purposes. From an unsatisfactory judgment distributing the just compensation paid into court, the United States of America appeals.
Reversed and remanded with direction.
R.L. Smallwood, Jr., of Oxford, Miss., for appellees.
Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.
We agree with appellant. The landowners had a title, but subject to valid liens exceeding the appraisal values. They did not redeem their lands, but sought to show them to be of values greater than the incumbrances. Though they obtained an increase in valuation, it was not enough to give them any margin. No one established a beneficial interest. Increasing the valuations did nobody any good. It is not a case where the effort of some raises a fund for all, wherein the active litigants are entitled to recoup their expenses. No one wished this litigation except these landowners. It established no surplus for them and was only an annoyance to all others. There is no equitable ground on which they can be paid anything.
It is true that the United States gets the excess over the appraisals by virtue of the contract with the lienholders, and the decree is logical in passing it through the hands of the District. Nevertheless, all parties being before the court and the District having filed a stipulation that the excess be remitted to the United States, it can be paid directly, and we so order. The argument that the District is thereby giving its money to the United States contrary to its powers and duties is not supportable. The money remitted to the United States is not that of the District, but of the bondholders, the District being as to it a sort of trustee for them. They preferred to contract with the United States rather than take the chances of litigation. As between the contracting parties, this surplus money is really the money of the United States.
The judgment is reversed and the cause remanded with direction to reframe it so as to exclude the landowners from participation and to pay the surplus directly to the United States.Page 725