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UNITED STATES v. 959.68 ACRES OF LAND, ETC.

No. 17504.

415 F.2d 401 (1969)

UNITED STATES of America, Appellant v. 959.68 ACRES OF LAND, MORE OR LESS, SITUATE IN MERCER COUNTY, State of PENNSYLVANIA, and Arthur C. Burdette, et al.

United States Court of Appeals Third Circuit.

Decided August 5, 1969.

Attorney(s) appearing for the Case

Edmund B. Clark, Atty. Dept. of Justice, Washington, D. C., (Clyde O. Martz, Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Lawrence G. Zurawsky, Asst. U. S. Atty., Pittsburgh, Pa., Roger P. Marquis, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Bernard Goldstone, Routman, Moore & Goldstone, Sharon, Pa. (Routman, Moore & Goldstone, Sharon, Pa., on the brief), for appellees.

Before HASTIE, Chief Judge, and FREEDMAN and STAHL, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

On this appeal the United States is challenging part of an award made to a landowner in a condemnation proceeding.

In 1965 the United States condemned a 237 acre tract owned by the Estate of Emma McKnight for use in the Shenango River Reservoir Project. In 1957 the Chief of Engineers had approved a General Design Memorandum outlining the overall plans for the project and disclosing that the government proposed...

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