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UNITED STATES v. GOULD

No. 18918.

301 F.2d 353 (1962)

UNITED STATES of America, Appellant, v. A. Harvey GOULD, Appellee.

United States Court of Appeals Fifth Circuit.

April 10, 1962.

Attorney(s) appearing for the Case

Edward F. Boardman, U. S. Atty., Miami, Fla., Don M. Stichter, Asst. U. S. Atty., Tampa, Fla., Ramsey Clark, Asst. Atty. Gen., Dept. of Justice, Roger P. Marquis, Hugh Nugent, Attys., Dept. of Justice, Washington, D. C., for appellant.

William D. Jones, Jr., Jacksonville, Fla., David W. Foerster, Jones & Foerster, Jacksonville, Fla., A. Max Brewer, Crofton, Brewer & Holland, Titusville, Fla., for appellee.

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

TUTTLE, Chief Judge.

This is an appeal by the Government from an order by the trial court dismissing a motion by the United States to vacate a judgment awarding $31,200.00 to the record title holder of land in a condemnation suit. The gist of the Government's case is that the lands involved were all subject to easement as public streets and as a city hall site in a subdivision, and that the owner of such land could not be entitled to anything more than nominal damages...

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