HELVERING, COMMISSIONER OF INTERNAL REVENUE,

v.

MCILVAINE ET AL., TRUSTEES

Citator

Cited By

• People of Puerto RICO v. E. Sugar Assocs., 156 F.2d 316 (1st Cir. 1946)
  …hey are "nearly, if not quite” as extensive as the general, residual powers of a state. As the Circuit Court of Appeals for the Sixth Circuit said in United States v. Certain Lands in City of Louisville, 6 Cir., 78 F. 2d 684, 687, certiorari granted 296 U.S. 567, 56 S.Ct. 154, 80 L.Ed. 400; certiorari dismissed 297 U.S. 726, 56 S.Ct. 594, 80 L.Ed. 1009, “Decisions dealing with condemnation proceedings are to be considered in the light of the powers possessed by the sovereign seeking to exercise the right. W…
• Okla. City v. Sanders, 94 F.2d 323 (10th Cir. 1938)
  …3 has been held not to be such a public use as will authorize the exercise of the power of eminent domain. United States v. Certain Lands in City of Louisville, 6 Cir., 78 F. 2d 684, 686, by a divided court, a writ of certiorari having been granted, 296 U.S. 567, 56 S.Ct. 154, 80 L.Ed. 400, the majority specifically placing their decision “upon the objection” as “to * * * the lack of right in the government to exercise the power of eminent domain for the purposes contemplated” in said sections 202 and 203.…
• Keyes v. United States, 119 F.2d 444 (D.C. Cir. 1941)
  …ppellant’s objection that the Act is unconstitutional in that it authorizes condemnation of property for other than public uses. Appellant relies on United States v. Certain Lands in City of Louisville, 6 Cir., 78 F. 2d 684, 687, certiorari granted, 296 U.S. 567, 56 S.Ct. 154, 80 L.Ed. 400, dismissed, 297 U.S. 726, 56 S.Ct. 594, 80 L.Ed. 1009. The Circuit Court of Appeals there held that the Federal Government had no power to condemn lands in Kentucky for the construction of low rent housing. The court said…