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UNITED STATES v. 5139.5 ACRES OF LAND, ETC.

No. 6509.

200 F.2d 659 (1952)

UNITED STATES v. 5139.5 ACRES OF LAND, IN AIKEN AND BARNWELL COUNTIES, S. C., TRACT NO. D-308 et al.

United States Court of Appeals Fourth Circuit.

Decided December 31, 1952.

Attorney(s) appearing for the Case

Roger P. Marquis, Attorney, Department of Justice, Washington, D. C. (James M. McInerney, Asst. Atty. Gen., William S. Sandifer, Aiken, S. C. and Yancey A. McLeod, Special Assts. to the U. S. Atty., Columbia, S. C., Harry T. Dolan, Special Asst. to the Atty. Gen. and Reginald W. Barnes, Attorney, Department of Justice, Washington, D. C., on the brief), for appellant.

Henry Busbee, Aiken, S. C. (Williams & Busbee, Aiken, S. C., J. C. Kearse, Kearse & Ness, Bamberg, S. C., Solomon Blatt, and Blatt & Fales, Barnwell, S. C., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from a judgment in favor of the owners of a tract of land in a proceeding for condemnation instituted by the government. Upon the declaration of taking, compensation for this tract had been estimated at $38,300 and had been paid into court and distributed to the landowners according to law. The jury fixed the value of the tract at $64,762.60 and judgment was entered in favor of the landowners for the difference amounting to ...

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