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FOREST OF DEAN IRON ORE CO. v. UNITED STATES

No. 46056.

65 F.Supp. 585 (1946)

FOREST OF DEAN IRON ORE CO. v. UNITED STATES.

Court of Claims.

May 6, 1946.

Attorney(s) appearing for the Case

Orison S. Marden, of New York City (White & Case, Charles J. Fay, Adria D. Stevenson, Benjamin P. De Witt, and Sidney Pepper, all of New York City, on the brief), for plaintiff and plaintiff-intervenor.

Percy M. Cox, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

JONES, Judge.

This is a suit for the value of 61,948 cubic yards of crushed stone taken and used by the Secretary of War for the United States Military Academy.

In June 1939 and for many years prior thereto plaintiff owned a tract of about 300 acres of land in the vicinity of the Academy reservation.

For a number of years iron ore had been mined from a rock formation on the premises. Entrance to the mine was through a slanting shaft with a 20-degree...

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