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OLIVER v. UNITED STATES

No. 12710.

408 F.2d 769 (1969)

W. W. OLIVER, Sr., Individually and as Administrator of the Estate of Alice M. Oliver, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 27, 1969.

Attorney(s) appearing for the Case

Jonathan S. Cohen, Atty., Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Grant W. Wiprud and Marian Halley, Attys., Dept. of Justice, and C. Vernon Spratley, Jr., U. S. Atty., and Alfred D. Swersky, Asst. U. S. Atty., on brief), for appellant.

Montgomery Knight, Jr., Norfolk, Va. (Doumar, Pincus, Anderson & Knight, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

In 1945 farmer W. W. Oliver bought a piece of country property, the 41-acre "Bailey Tract," for the purpose of developing it into residential homesites. During January of 1960 he agreed to sell "all sand, gravel and other suitable and marketable materials" in a pit on the tract of approximately seven acres to Tidewater Sand Company. The instrument provided that Tidewater was to have two years and four months to remove all of the sand from the...

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