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WACHOVIA BANK & TRUST CO. v. UNITED STATES

No. 4311.

98 F.2d 609 (1938)

WACHOVIA BANK & TRUST CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

August 26, 1938.

Attorney(s) appearing for the Case

R. E. Whitehurst, of New Bern, N. C. (M. S. Dunn, of New Bern, N. C., on the brief), for appellants.

Charles R. Denny, Jr., Atty., Department of Justice, of Washington, D. C., and Charles F. Rouse, Asst. U. S. Atty., of Kinston, N. C. (J. O. Carr, U. S. Atty., of Wilmington, N. C., and C. W. Leaphart and L. S. Apsey, Attys., Department of Justice, both of Washington, D. C., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.

NORTHCOTT, Circuit Judge.

This is an appeal from an order entered in an action at law in the District Court of the United States for the Eastern District of North Carolina, at New Bern. On June 24, 1936, the United States, the appellee, here referred to as the petitioner, filed a petition in said court seeking to condemn a certain tract of land consisting of 1548.80 acres located in Craven County, North Carolina, of which tract the appellant Wachovia Bank and Trust...

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