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UNITED STATES v. CERTAIN LANDS, ETC.

No. 12143.

246 F.2d 823 (1957)

UNITED STATES of America v. CERTAIN LANDS LOCATED IN THE TOWNSHIPS OF RARITAN AND WOODBRIDGE, MIDDLESEX COUNTY, NEW JERSEY, Raritan Arsenal, Township of Raritan, et al. County of Middlesex, a Municipal Corporation of the State of New Jersey, Appellant.

United States Court of Appeals Third Circuit.

Decided July 18, 1957.

Attorney(s) appearing for the Case

John T. Keefe, New Brunswick, N. J. (Samuel V. Convery, Perth Amboy, N. J., on the brief), for appellant, Middlesex County.

S. Billingsley Hill, Washington, D. C., (Perry W. Morton, Asst. Atty. Gen., Chester A. Weidenburner, U. S. Atty., Newark, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

In 1941 the defendant-appellant, the County of Middlesex, New Jersey, owned a road, known as the Industrial Highway. Because of World War II the United States expanded the Raritan Arsenal. A section of the Industrial Highway was appropriated by the United States in April 1942 to permit the expansion.1 The petition in condemnation was not filed until August 1946 and the case did not come to trial and judgment until 1956...

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