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UNITED STATES v. 40.558 ACRES OF LAND, ETC.

Civil Action No. 272.

62 F.Supp. 98 (1945)

UNITED STATES v. 40.558 ACRES OF LAND IN NEW CASTLE COUNTY, DEL., et al.

District Court, D. Delaware.

September 5, 1945.

Attorney(s) appearing for the Case

John J. Morris, Jr., U. S. Atty., and W. Thomas Knowles, Asst. U. S. Atty., both of Wilmington, Del., and Charles M. Irelan, Atty., Department of Justice, of Washington, D. C., for petitioner.

Thomas Cooch and James R. Morford (of Marvel & Morford), and Walter J. Willis, all of Wilmington, Del., for defendants.

LEAHY, District Judge.

The United States instituted this action to acquire certain lands for military purposes for a term commencing on February 15, 1942, and expiring on June 30, 1945. A portion of these lands was owned by the Delaware Light & Power Company. The claimant here is H. T. Roberson, who is a lessee holding under an oral lease. No term was expressly limited. However, under apposite Delaware law Roberson was the tenant in possession with the right to...

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