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J. HERBERT BATE CO. v. PINE LAND CO.

No. 5030.

132 F.2d 925 (1943)

J. HERBERT BATE CO., Inc., v. PINE LAND CO.

Circuit Court of Appeals, Fourth Circuit.

January 11, 1943.

Attorney(s) appearing for the Case

Laurence A. Stith, of New Bern, N. C. (Marsden Bellamy, of Wilmington, N. C., on the brief), for appellant.

R. E. Whitehurst, of New Bern, N. C. (R. A. Nunn, of New Bern, N. C., and John D. Warlick, of Jacksonville, N. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PER CURIAM.

J. Herbert Bate Company, Incorporated, claiming timber rights in a tract of land in Onslow County, North Carolina, owned by Pine Land Company, was permitted to intervene in a proceeding instituted by the United States for the condemnation of the land for use as a training base for the United States Marine Corps. Thereupon Pine Land Company moved the court to dismiss the intervening petition on the ground that it failed to state a claim either against the...

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