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UNITED STATES v. CERTAIN PARCELS OF LAND, ETC.

No. 282.

151 F.2d 116 (1945)

UNITED STATES v. CERTAIN PARCELS OF LAND IN TOWN OF STRATFORD, FAIRFIELD COUNTY, CONN., et al.

Circuit Court of Appeals, Second Circuit.

August 20, 1945.

Attorney(s) appearing for the Case

J. Edward Williams, Acting Head, Lands Division, Department of Justice, of Washington, D. C., Robert P. Butler, U. S. Atty., of Hartford, Conn., Vernon L. Wilkinson and S. Billingsley Hill, Attys., Department of Justice, both of Washington, D. C., for petitioner-appellant.

Albert L. Coles, of Bridgeport, Conn., for Patrick Callahan.

Richard L. Weldon, of Bridgeport, Conn., for Cornelius Ahern.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

This appeal presents substantially the same issue as that in United States v. 0.45 Acre of Land, 2 Cir., 151 F.2d 114, to which reference is made. In this instance there was a like failure of the former owners to move for the distribution of the amount deposited by the government on a declaration of taking in condemnation proceedings. Here the government moved for partial distribution and the motion was granted...

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