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INTERNAL IMPROVEMENT FUND OF STATE OF FLORIDA v. NOWAK

No. 25433.

401 F.2d 708 (1968)

Trustee of the INTERNAL IMPROVEMENT FUND OF the STATE OF FLORIDA et al., Appellants, v. Walter F. NOWAK and Jean F. Nowak, et al., Appellees.

United States Court of Appeals Fifth Circuit.

October 7, 1968.

Attorney(s) appearing for the Case

Clyde O. Martz, Asst. Atty. Gen., J. Edward Williams, Acting Asst. Atty. Gen., Roger P. Marquis, Robert M. Perry, Attys., Dept. of Justice, Washington, D. C., Francis G. Rearick, Orlando, Fla., J. Kenneth Ballinger, Asst. Atty. Gen., Earl Faircloth, Atty. Gen., State of Florida, Tallahassee, Fla., for appellants.

Gene Essner, James E. Tribble, Blackwell, Walker & Gray, Miami, Fla., for appellees.

Before THORNBERRY and SIMPSON, Circuit Judges, and SUTTLE, District Judge.

THORNBERRY, Circuit Judge:

In 1963, the United States instituted proceedings to condemn land in Brevard County, Florida for use in the construction of NASA Launching Sites. At the time of filing the declaration of condemnation, the Government was of the opinion that the tract in controversy, i. e., Tract 3837-A known as Billy Joe Point and having approximately 98.58 acres, was owned by either the State of Florida or Appellees, Walter and Jean Nowak. Accordingly, it...

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