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UNITED STATES v. PRAKELT

No. 42, Docket 26235.

284 F.2d 56 (1960)

UNITED STATES of America, Plaintiff-Appellee, v. Gerhard A. PRAKELT et al., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided November 25, 1960.

Attorney(s) appearing for the Case

John S. Burgess, Brattleboro, Vt., for appellants.

Raymond N. Zagone, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Louis G. Whitcomb, U. S. Atty., Dist of Vermont, Rutland, Vt., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before HINCKS, WATERMAN and MOORE, Circuit Judges.

HINCKS, Circuit Judge.

The Prakelts owned some eighty-six acres of land in Vermont. Of this, a tract of 65.10 acres was condemned, and on October 14, 1957, the court below entered a "deficiency judgment order" that "judgment * * * against the United States of America, in the total amount of $34,000.00 * * * be, and hereby is entered, and that said judgment has been satisfied in part [$24,000.00] * * and * * * that the deficiency of $10,000.00 shall be paid forthwith...

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