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UNITED STATES v. CERTAIN INTERESTS IN PROPERTY, ETC.

No. 8280.

296 F.2d 264 (1961)

UNITED STATES of America, Appellant and Cross-Appellee, v. CERTAIN INTERESTS IN PROPERTY IN CUMBERLAND COUNTY, State of NORTH CAROLINA; and Unknown Owners, Appellees, and Bragg Investment Company, Inc., Bragg Development Company, Inc., and Bragg Management Company, Inc., Appellees and Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 6, 1961.

Attorney(s) appearing for the Case

Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C. (J. Edward Williams, Acting Asst. Atty. Gen., Ramsey Clark, Asst. Atty. Gen., Julian T. Gaskill, U. S. Atty., Raleigh, N. C., and Robert R. McLeod, Atty., Dept. of Justice, Washington, D. C., on brief), for the United States, appellant and cross-appellee.

L. P. McLendon, Greensboro, N. C. (Claude C. Pierce, Jr., Greensboro, N. C., John J. Geraghty, Raleigh, N. C., McLendon, Brim, Holderness & Brooks, Greensboro, N. C., and Poyner, Geraghty, Hartsfield & Townsend, Raleigh, N. C., on brief), for owners, appellees and cross-appellants.

Before SOPER and BOREMAN, Circuit Judges, and HARRY E. WATKINS, District Judge.

BOREMAN, Circuit Judge.

This is a condemnation proceeding initiated by the United States on November 1, 1957, to acquire the equity in certain rental housing property located at Fort Bragg, North Carolina, and constructed under the original Title VIII of the National Housing Act, commonly known as the "Wherry Act," 63 Stat. 570 (1949), 12 U.S.C.A. § 1748 et seq. On June 12, 1958, the District Court appointed a commission pursuant to Rule 71A(h) of the Federal...

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