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UNITED STATES v. 18.46 ACRES OF LAND, ETC.

No. 137, Docket 27720.

312 F.2d 287 (1963)

UNITED STATES of America, Appellant, v. 18.46 ACRES OF LAND, MORE OR LESS, Situate IN the TOWN OF SWANTON, COUNTY OF FRANKLIN, STATE OF VERMONT, and Homer H. Thibault, et al., and Unknown Owners, Appellees.

United States Court of Appeals Second Circuit.

Decided January 21, 1963.

Attorney(s) appearing for the Case

George R. Hyde, Atty., Dept. of Justice, Washington, D. C. (Ramsey Clark, Asst. Atty. Gen., Joseph F. Radigan, U. S. Atty., Rutland, Vt., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

John G. Kissane, St. Albans, Vt. (Bernard J. Leddy, Burlington, Vt., on the brief), for appellees.

Before LUMBARD, Chief Judge, and SWAN and FRIENDLY, Circuit Judges.

SWAN, Circuit Judge.

This action for condemnation was instituted in June 1960. An order for delivery of possession was approved by the court on July 5, 1960. The issue of just compensation came on for trial on March 26, 1962, and a timely motion for a new trial was denied April 27, 1962. The appeal presents two narrow issues, each involving the exclusion of testimony.

At the time of the taking the property was part...

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