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WEITZNER v. UNITED STATES

No. 19248.

309 F.2d 45 (1962)

Raymond WEITZNER, Administrator of the Estate of Joe H. Weitzner, Deceased, Lillie Weitzner, Raymond Weitzner, and Virginia Raider, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 19, 1962.

Attorney(s) appearing for the Case

Aaron M. Kanner, Richard Kanner, Miami, Fla., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, John B. Jones, Jr., Acting Asst. Atty. Gen., John J. Gobel, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for appellee.

Before RIVES, JONES, and GEWIN, Circuit Judges.

JONES, Circuit Judge.

Before considering the merits of this appeal we dispose of the motion of the appellants to certify the case to the Supreme Court of Florida under Florida Statutes § 25.031, F.S.A. and Florida Appellate Rule No. 4.61, 31 F.S.A. This motion was carried with the case. It is denied.

The facts are stipulated. By the stipulation it is shown that, on December 12, 1946, Joe H. Weitzner purchased a parcel of land in Dade County, Florida,...

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