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LINNING v. UNITED STATES

No. 21240.

328 F.2d 603 (1964)

W. Shannon LINNING et al., Appellant Intervenors, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 27, 1964.

Attorney(s) appearing for the Case

W. Shannon Linning, Jacksonville, Fla., for appellants.

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, Elizabeth Dudley, Attys., Dept. of Justice, Washington, D. C., William J. Hamilton, Jr., Asst. U. S. Atty., Jacksonville, Fla., for appellee.

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

PER CURIAM.

The United States had acquired a tract of land in Duval County, Florida, with an Atlantic Ocean frontage of about 5500 feet for housing and recreational purposes in connection with the United States Naval Station at Mayport, Florida. The United States filed a complaint in condemnation against the Trustees of the Internal Improvement Fund of the State of Florida to acquire the land within the tidal range adjoining the property which it had previously acquired...

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