Guerrero-Zapata Bridge Company, Appellant, v. United States of America, Appellee., 252 F.2d 116 (5th Cir. 1958)

Federal Circuits, 5th Cir. (February 11, 1958)

Docket number: 16685

Permanent Link: http://vlex.com/vid/guerrero-zapata-bridge-company-america-36666340
Id. vLex: VLEX-36666340

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Cited by:

U.S. Court of Appeals for the 5th Cir. - Bank One Texas, National Association, Trustee of the Red Crest Trust; Lilia Beatrice Cox Harris; Linda Harris Beard; Margie Harris Newtown; John H. Mcmullen; Andy J. Mcmullen, Plaintiffs-Appellants, v. United States of America; Kcs Resources Incorporated; Tesoro Exploration and Production Company; Transtexas Gas Corporation; Tesoro e & P Company, Limited Partnership, Defendants- Appellees., 157 F.3d 397 (5th Cir. 1998)

U.S. Court of Appeals for the 6th Cir. - Allan C. Miller and Betty G. Miller, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee., 583 F.2d 857 (6th Cir. 1978)

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Text:

Robert Lee Bobbitt, Jr., San Antonio, Tex., Bobbitt, Brite & Bobbitt, San Antonio, Tex., of counsel, for appellant.

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Elizabeth Dudley, Washington, D. C., Attys., Dept. of Justice, Malcolm R. Wilkey, Asst. Atty. Gen., Washington, D. C., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

The question is whether for the taking of its bridge over the Rio Grande River, a toll bridge company is entitled to compensation on the basis of the land and improvements only or to the value of its franchise also. The Act of Congress authorizing the construction and operation of the bridge, approved March 29, 1928, 45 Stat. 387, expressly reserved "the right to alter, amend, or repeal this Act." The Bridge was inundated as the result of construction of a dam pursuant to a treaty of February 3, 1944 between the United States and Mexico, 59 Stat. 1219. In a well reasoned opinion, District Judge Allred has expressed the view that there was an implied repeal of the Act granting the franchise as clear and effective as an express repeal would have been, and that the bridge company was not due compensation for the value of its franchise, United States v. 85,237 Acres of Land, More or Less, in Zapata County, Texas, D.C., 157 F.Supp. 150. After careful consideration, we agree with that opinion.

The judgment is therefore

Affirmed.