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HOUSTON v. INTERNATIONAL PAPER COMPANY

No. 7157.

233 F.2d 69 (1956)

Chester HOUSTON, Annie Houston, Frank Houston, Bertha H. Ford, Nancy H. Ford, Dorothy H. William, Luther Houston, Leroy Houston, Leon Houston, Henry Houston, Lonzo Houston, James Houston, Eddie Houston, Jr., Rosella Houston, Odell Houston, Oscar Gaines, John Gaines, Fred Gaines, Susan G. Williams, Lula Mae G. Glover and Leona G. Jacobs, the heirs at Law of Henry Clay Houston, Deceased, Appellants, v. INTERNATIONAL PAPER COMPANY, Appellee. In the Matter of UNITED STATES of America, Plaintiff, v. 19,302.35 ACRES OF LAND, MORE OR LESS, SITUATE IN AIKEN AND BARNWELL COUNTIES, SOUTH CAROLINA, Ida S. Bates, et al., and unknown owners, Defendants.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1956.

Attorney(s) appearing for the Case

Blinzy L. Gore, Orangeburg, S. C., for appellants.

Herman I. Mazursky, Barnwell, S. C., and Dorcey Lybrand, Aiken, S. C. (Lybrand, Simons & Smith, Aiken, S. C., and Brown, Jefferies & Mazursky, Barnwell, S. C., on brief) for appellee.

Before SOPER and DOBIE, Circuit Judges, and HARRY E. WATKINS, District Judge.

HARRY E. WATKINS, District Judge.

This is an appeal from an order of the District Court holding that the appellants were barred by their laches from claiming a portion of the funds deposited with the court as compensation for a larger tract of land taken by the United States in condemnation. Appellants claim to be the heirs at law of one Henry Houston and made claim to a portion of the funds now on deposit. Appellee, International Paper Company, is the record owner...

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