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UNITED STATES v. 450 ACRES OF LAND, ETC.

No. 14990.

220 F.2d 353 (1955)

UNITED STATES of America, Appellant, v. 450 ACRES OF LAND, MORE OR LESS, KNOWN AS BARNWELL ISLAND, Situate in CHATHAM COUNTY, GEORGIA, and E. B. Pinckney, et al., Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 19, 1955.

Attorney(s) appearing for the Case

Edmund B. Clark, John F. Cotter, Attys., Dept. of Justice, Washington, D. C., William C. Calhoun, U. S. Atty., Savannah, Ga., Perry W. Morton, Asst. Atty. Gen., for appellant.

Thomas H. Gignilliat, Savannah, Ga., Henry H. Edens, Columbia, S. C., Clyde A. Elzroth, Hampton, S. C., Eugene Cook, Atty. Gen. of Georgia, Lamar W. Sizemore, Robert H. Hall, Asst. Attys. Gen. of Georgia, E. Freeman Leverett, Atty., Dept. of Law, Atlanta, Ga., Randolph Murdaugh, Hampton, S. C., for appellees.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.

BORAH, Circuit Judge.

This is an appeal from an order of the District Court for the Southern District of Georgia dismissing a condemnation proceeding which had been brought by the United States to acquire a perpetual and assignable easement to enter upon, occupy, and use certain lands known as Barnwell Island for the deposit of spoil or other matters excavated in the construction, improvement and maintenance of Savannah Harbor...

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