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UNITED STATES v. 168.21 ACRES OF LAND, ETC.

Civ. A. No. 61-501.

218 F.Supp. 832 (1963)

UNITED STATES of America v. 168.21 ACRES OF LAND, MORE OR LESS, Situate in the TOWNS OF SOUTHBRIDGE AND STURBRIDGE, WORCESTER COUNTY, COMMONWEALTH OF MASSACHUSETTS, and Anton Cubranich, et al., Tract No. 1016E.

United States District Court D. Massachusetts.

June 27, 1963.

Attorney(s) appearing for the Case

Stephen Moulton, Asst. U. S. Atty., for plaintiff.

S. Anthony Caprera, Southbridge, Mass., for defendants Harry D. Morse and Ruth S. Morse.

Richard Wait, Boston, Mass., for Sturbridge Corp. and Old Sturbridge, Inc.

John J. O'Shaughnessy, Southbridge, Mass., for Dorothy Curboy.

CAFFREY, District Judge.

On June 28, 1961 the United States filed a Declaration of Taking of certain interests in property located in Sturbridge, Massachusetts. Included in the taking was Tract No. 1016E, fee owners of which are Adrien A. and Gertrude M. Benoit, husband and wife, as tenants by the entirety. The interests taken by the United States were:

"The perpetual right, power, privilege and easement occasionally to overflow, flood and submerge Tracts...

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