UNITED STATES v. CLINE

No. 9724.

344 F.2d 954 (1965)

UNITED STATES of America, Appellee, v. Fred CLINE and wife, Luzene Cline, Appellants.

United States Court of Appeals Fourth Circuit.

Decided March 25, 1965.

As Amended May 14, 1965.


Attorney(s) appearing for the Case

Herbert L. Hyde, Asheville, N. C. (Van Winkle, Walton, Buck & Wall, Asheville, N. C., on brief), for appellants.

A. Donald Mileur, Atty., Dept. of Justice (Ramsey Clark, Asst. Atty. Gen., and Roger P. Marquis, Attorney, Dept. of Justice, and William Medford, U. S. Atty., on brief), for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.


PER CURIAM:

On remand, United States v. Cline, 307 F.2d 282 (4 Cir., 1962), the District Judge heard, and has appraised, the historical and expert evidence in exacting detail. He has found that "To the extent, if at all, that the Clines occupy property which would not be flooded by water at the elevation of 1837.41 they are trespassers upon the lands of the United States * * *.". He gives with clarity the evidential support for his...

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