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UNITED STATES v. CERTAIN LAND IN THE VILLAGE OF HIGHGATE SPRINGS, TOWN OF HIGHGATE, COUNTY OF FRANKLIN, STATE OF VERMONT, A. N.

No. 530, Docket 33245.

413 F.2d 128 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN LAND IN the VILLAGE OF HIGHGATE SPRINGS, TOWN OF HIGHGATE, COUNTY OF FRANKLIN, STATE OF VERMONT, A. N. Deringer, Inc., et al., Defendants-Appellees, W. H. Milton Smith, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 18, 1969.

Attorney(s) appearing for the Case

Richard M. Finn, Asst. Atty. Gen., Montpelier, Vt., for State of Vermont, defendant-appellee.

Daniel J. Lynch, St. Albans, Vt. (Kissane & Heald, St. Albans, Vt., on the brief), for A. N. Deringer, Inc., defendant-appellee.

Peter F. Langrock, Middlebury, Vt. (Langrock & Sperry, Middlebury, Vt. on the brief), for W. H. Milton Smith, defendant-appellant.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and WYATT, District Judge.

PER CURIAM:

The only question for decision in the appeal of this proceeding brought by the United States to condemn some 80,000 square feet of land in northern Vermont, on Route 7 near the Canadian border, is whether it was clearly erroneous for the district court to find that the condemned land was owned entirely by A. N. Deringer, Inc., and that no part of it was owned by the appellant W. H. Milton Smith, an intervenor asserting title. As we find the district court...

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