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BENECKE v. UNITED STATES

No. 22088.

356 F.2d 439 (1966)

Carroll June BENECKE and Audrey Marie Benecke, his wife, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 10, 1966.

Attorney(s) appearing for the Case

Wm. D. Jones, Jr., Jones & Foerster, Jacksonville, Fla., A. Max Brewer, Crofton, Brewer & Holland, Titusville, Fla., for appellants.

Francis G. Rearick, Orlando, Fla., Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, Raymond N. Zagone, Attys., Dept. of Justice, Washington, D. C., Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert M. McKee, Attorney, Department of Justice, Washington, D. C., for appellee.

Before JONES and BROWN, Circuit Judges, and BREWSTER, District Judge.

JONES, Circuit Judge:

The United States brought a suit to acquire title to lands in Brevard County, Florida, by eminent domain. In the schedule, annexed to the complaint, of lands to be taken was Tract No. 3446 which was there described as "The SE¼ of the SW¼, except the North 460 feet, in Section 31, Township 21 South, Range 37 East, Brevard County, Florida, containing 15.81 acres, more or less." The appellants, Carroll June Benecke and Audrey Marie Benecke...

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