UNITED STATES v. SMITH

No. 18885.

307 F.2d 49 (1962)

UNITED STATES of America, Appellant, v. Cleveland SMITH, Claimant as to Tract Q-1744, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 19, 1962.


Attorney(s) appearing for the Case

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, Robert S. Griswold, Jr., Attys., Dept. of Justice, Charles D. Read, Jr., U. S. Atty., Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., W. B. West, III, Atty., Dept. of Justice, Washington, D. C. (Charles L. Goodson, U. S. Atty., Atlanta, Ga., on the brief), for appellant.

Herbert Edmondson, Jeff C. Wayne, Gainesville, Ga., for appellee.

Before TUTTLE, Chief Judge, and CAMERON and BROWN, Circuit Judges.


CAMERON, Circuit Judge.

The appellant, United States of America, acting through the Secretary of the Army, issued its declaration of taking dated December 21, 1956, and filed its complaint on December 28, 1956 to acquire fee simple title to a number of tracts of land for public use in connection with the establishment of the Buford Dam and Reservoir Project, Georgia. One of these tracts of land was approximately sixty acres taken from a rectangular tract of approximately...

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