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UNITED STATES v. 452.13 ACRES OF LAND, ETC.

Civ. A. No. 1088.

207 F.Supp. 323 (1962)

UNITED STATES of America, Plaintiff, v. 452.13 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF SANTA ROSA, STATE OF FLORIDA (Parcels 109 & 113), G. H. Leonard, et al., Defendants.

United States District Court N. D. Florida, Pensacola Division.

July 25, 1962.

Attorney(s) appearing for the Case

Clinton Ashmore, U. S. Atty., Tallahassee, Fla., for plaintiff.

A. L. Johnson, Milton, Fla., for defendants.

CARSWELL, Chief Judge.

This has to do with a motion of the United States for a new condemnation trial. Involved here are two parcels of an overall tract described in the Declaration of Taking. What actually happened in this particular case is that the Government in its Declaration of Taking described and took a flight clearance easement when actually the facts disclosed at the trial affirmatively showed that the Government had taken something in addition, specifically...

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