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BLAKE v. UNITED STATES

Nos. 8331-8333.

295 F.2d 91 (1961)

Edward P. BLAKE, Appellant, v. UNITED STATES of America, Appellee. Odell M. BLAKE, Appellant, v. UNITED STATES of America, Appellee. Eldridge COOK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 2, 1961.

Attorney(s) appearing for the Case

William McL. Ferguson, Newport News, Va., and Catesby G. Jones, Jr., Gloucester, Va. (Ferguson, Yates & Stephens, Newport News, Va., on brief), for appellants.

William E. Gwatkin, III, Attorney, Department of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Joseph S. Bambacus, U. S. Atty., Richmond, Va., and Morton Hollander, Attorney, Department of Justice, Washington, D. C., on brief), for appellee.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

SOPER, Circuit Judge.

This is an appeal from a decree of the District Court dismissing three consolidated libels filed in admiralty against the United States to recover compensation for the taking of certain oyster grounds of the libellants located in the bed of the lower York River in Virginia, which is said to have occurred when the Government established a Naval Mine Sweeping Practice Area in the vicinity.

Libellants...

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