DUNSCOMBE v. LOFTIN

No. 11351.

154 F.2d 963 (1946)

DUNSCOMBE v. LOFTIN et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 11, 1946.


Attorney(s) appearing for the Case

Carroll Dunscombe, of Stuart, Fla., for appellant.

Russell L. Frink and John B. L'Engle, both of Jacksonville, Fla., for appellees.

Before SIBLEY, WALLER, and LEE, Circuit Judges.


WALLER, Circuit Judge.

Appellant, as plaintiff, filed a petition asking that she be allowed to sue the trustees in bankruptcy of the Florida East Coast Railway Company. She asserted that the Railway ran over a portion of the Miles or Hanson Grant, to which it had no title and of which she claimed to be the owner; that her claim was not for the land but for the value of the land taken and used without right through eminent domain proceedings or otherwise by the Railway...

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