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UNITED STATES v. 17.0098 ACRES OF LAND (LAWNCROFT CEM.)

Civ. A. No. 41540.

269 F.Supp. 960 (1967)

UNITED STATES of America, Plaintiff, v. 17.0098 ACRES OF LAND (LAWNCROFT CEMETERY) Situate IN DELAWARE COUNTY, COMMONWEALTH OF PENNSYLVANIA, and Interstate Cemetery Company, and Unknown Owners, Defendants.

United States District Court E. D. Pennsylvania.

June 29, 1967.

Attorney(s) appearing for the Case

Drew J. T. O'Keefe, U. S. Atty., Sullivan Cistone, Asst. U. S. Atty., Philadelphia, Pa., Charles F. MacMullan, Department of Justice, Washington, D. C., for plaintiff.

Norman Snyder, Joseph W. deFuria, Albert E. Smith, Melvin G. Levy, Chester, Pa., for defendants.

OPINION AND ORDER

CLARY, Chief Judge.

This is a pre-trial proceeding in a condemnation action, in which the United States of America (Government), on request of the Commonwealth of Pennsylvania (Commonwealth), is condemnor and Lawncroft Cemetery (Lawncroft), is condemnee. The Government has been asked to condemn Lawncroft for construction of a portion of the Interstate Highway System, Route 95. Lawncroft does not contest the power of the Government to make...

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