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UNITED STATES v. BODIE ISLAND, NAGS HEAD TP., DARE CO., N. C.

Civ. A. No. 401.

262 F.Supp. 190 (1967)

UNITED STATES of America, Plaintiff, v. Southerly Portion of BODIE ISLAND, NAGS HEAD TOWNSHIP, DARE COUNTY, STATE OF NORTH CAROLINA, and Frederick W. Lewis, Nikoli Miller et al., Defendants.

United States District Court E. D. North Carolina, Elizabeth City Division.

January 10, 1967.

Attorney(s) appearing for the Case

Robert H. Cowen, U. S. Atty., Raleigh, N. C., by William S. McLean, Asst. U. S. Atty., for plaintiff.

Worth & Horner, Elizabeth City, N. C., Hubert Humphrey, of McLendon, Brim, Brooks, Pierce & Daniels, Greensboro, N. C., McCown & McCown, Manteo, N. C., for defendants.

JUDGMENT AND OPINION

Content Of The Report

LARKINS, District Judge.

Since entering the previous orders in this case, the Court has again reviewed the record and the report. When the Report is placed squarely beside the evidence in this case, it becomes apparent that the Report determined all of the significant factual issues which developed during the hearings and on which genuine conflicts in the evidence developed. These were:

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