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GIBBS v. UNITED STATES

No. 5371.

150 F.2d 504 (1945)

GIBBS et ux. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

July 13, 1945.

Attorney(s) appearing for the Case

J. C. B. Ehringhaus, of Raleigh, N. C., and R. E. Whitehurst, of New Bern, N. C., for appellants.

Lawrence Vold, Atty., Department of Justice, of Washington, D. C., (J. Edward Williams, Acting Head, Lands Division, Department of Justice, of Washington, D. C., J. O. Carr, U. S. Atty., and R. Brookes Peters, Jr., Sp. Asst. to the U. S. Atty., both of Wilmington, N. C., and Roger P. Marquis, Atty., Department of Justice, of Washington, D. C., on the brief) for appellee.

Before PARKER, SOPER and NORTHCOTT, Circuit Judges.

SOPER, Circuit Judge.

This is an appeal from a judgment in favor of the United States in a suit brought by it against H. S. Gibbs, Coastal Properties, Inc., and others to remove a cloud from title to certain real property. The facts are undisputed. The case was tried on the pleadings and exhibits therein referred to. The motions of the defendants to dismiss for want of jurisdiction and for summary judgment were overruled. The plaintiff's motion for summary judgment...

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