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UNITED STATES v. 74.60 ACRES OF LAND, MIAMI CO., STATE OF IND.

No. 15245.

358 F.2d 143 (1966)

UNITED STATES of America, Plaintiff-Appellee, v. 74.60 ACRES OF LAND, MORE OR LESS, Situate IN MIAMI COUNTY, STATE OF INDIANA, and J. Bart Conn, et al., and Unknown Owners, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

March 8, 1966.

Attorney(s) appearing for the Case

Roland Obenchain, Jr., Milton A. Johnson, South Bend, Ind., for appellants.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Washington, D. C., Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., Kenneth P. Fedder, Asst. U. S. Atty., South Bend, Ind., Roger P. Marquis, Elizabeth Dudley, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before DUFFY, SCHNACKENBERG and KILEY, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

J. Bart Conn and 74.60 Acres of Land, more or less, situate in Miami County, State of Indiana, defendants, appeal from a judgment in favor of the United States of America entered November 4, 1964, and an order overruling a motion for a new trial.

The United States instituted condemnation proceedings to acquire said land for use in connection with the construction and operation of a reservoir.

Following a trial before a...

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