[1] The Carmack family owned substantial tracts of land in which would eventually become the city of Cape Girardeau, Missouri.

[5] In 1944, the district court held a second set of condemnation proceedings, and this time concluded that the United States had arbitrarily and capriciously selected the site in disregard for federal law and regulation.

The appellate court said that the Federal Works Agency and the Postmaster General did not have the statutory authority to begin condemnation proceedings.

Burton asserted that the Court, far removed from the date of enactment of these laws, must be slow to read into them any limitation on public officials not expressly provided for by the acts.

[9] It made little difference whether the federal government sought to condemn private or public land, Burton concluded.