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MURRELL v. UNITED STATES

No. 17696.

269 F.2d 458 (1959)

Sam E. MURRELL and Myrtle H. Murrell, his wife, Appellants, v. UNITED STATES of America, 8.84 Acres of Land, more or less, situate in Brevard County, Florida, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 25, 1959.

Attorney(s) appearing for the Case

Sam E. Murrell, Robert G. Murrell, Sam E. Murrell & Sons, Orlando, Fla., for appellants.

William D. Jones, Jr., Jacksonville, Fla., Albert P. Schwarz, Stephen R. Magyar, Orlando, Fla., Robert F. Nunez, Asst. U. S. Atty., Tampa, Fla., O. B. McEwan, Orlando, Fla. (Jones & Foerster, David W. Foerster, Jacksonville, Fla., Sanders, McEwan, Schwarz & Mims, Orlando, Fla., of counsel), for appellees.

Before RIVES, Chief Judge, and CAMERON and JONES, Circuit Judges.

JONES, Circuit Judge.

This case arises out of an eminent domain proceeding instituted by the United States against certain lands located in Brevard County, Florida, which were to be used in the expansion of the missile test center at Cape Canaveral. The land to be taken was a part of the Orlantic Subdivision which had been established and platted in 1924. The original plat of this subdivision divided the area into lots and blocks. Block 9, a parallelogram in shape...

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