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UNITED STATES v. 1010.8 ACRES, IN SUSSEX COUNTY, DEL.

No. 2.

77 F.Supp. 529 (1948)

UNITED STATES v. 1010.8 ACRES, MORE OR LESS, IN SUSSEX COUNTY, DELAWARE, et al.

District Court, D. Delaware, June Term, 1941.

April 23, 1948.

Attorney(s) appearing for the Case

W. Thomas Knowles, Asst. U. S. Atty., of Wilmington, Del., and Charles M. Irelan, of Washington, D. C., for petitioner.

Albert W. James, Atty. Gen. of Delaware, James M. Tunnell, Jr., and Tunnell & Tunnell, all of Georgetown, Del., and Henry A. Wise, Hastings, Stockly, Walz & Wise, David S. Keil and Herbert H. Ward, all of Wilmington, Del., for various owners or claimants.

RODNEY, District Judge.

This matter involves the method of procedure in federal eminent domain proceedings in the District of Delaware. Congress, by Act of August 1, 1888, 40 U.S.C.A. § 258, required that in condemnation proceedings in the United States District Courts the "practice, pleadings, forms and modes of proceedings" should "conform, as near as may be, to the practice, pleadings, forms and proceedings existing at the time in like causes in the courts...

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