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UNITED STATES v. 64.88 ACRES OF LAND, ETC.

No. 12064.

244 F.2d 534 (1957)

UNITED STATES of America, Appellant, v. 64.88 ACRES OF LAND, MORE OR LESS, SITUATE IN ALLEGHENY COUNTY, PENNSYLVANIA, and Charles F. Chubb, et al.

United States Court of Appeals Third Circuit.

Decided April 24, 1957.

Attorney(s) appearing for the Case

S. Billingsley Hill, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., D. Malcolm Anderson, Jr., U. S. Atty., John R. Gavin, Asst. U. S. Atty., Pittsburgh, Pa., Roger P. Marquis, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Alexander Black, Pittsburgh, Pa. (John H. Morgan, Smith, Buchanan, Ingersoll, Rodewald & Eckert, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

The United States is here appealing from an order of a district court dismissing a complaint and setting aside a declaration of taking in a condemnation proceeding initiated in the interest of the Department of the Air Force. The principal issues are whether the complaint and declaration of taking adequately describe the property interest the government proposes to take and whether the proposed acquisition and its intended use are shown to be...

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