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UNITED STATES v. 936.71 ACRES OF LAND, STATE OF FLA.

No. 27172.

418 F.2d 551 (1969)

UNITED STATES of America, Plaintiff, v. 936.71 ACRES OF LAND, MORE OR LESS, Situated IN BREVARD COUNTY, STATE OF FLORIDA, et al., Defendants. Sarah E. WALKER et al., Appellants-Cross-Appellees, v. Edwin A. McQUATERS and Helen E. McQuaters et al., Appellees-Cross-Appellants.

United States Court of Appeals Fifth Circuit.

October 13, 1969.

Attorney(s) appearing for the Case

Ralph H. Bearden, Jr., Miami, Fla., for Walker.

Harlan Tuck, Giles, Hedrick & Robinson, Orlando, Fla., for McQuaters.

Norman C. Roettger, Jr., Ft. Lauderdale, Fla., for Canaveral Beach, Inc.

Francis G. Rearick, Lands Div., Dept. of Justice, Orlando, Fla., J. Kenneth Ballinger, Asst. Atty. Gen., Tallahassee, Fla., Charles M. Harris, Crofton, Holland & Starling, L. C. Crofton, Titusville, Fla., for Alys A. Simons.

Before WISDOM and MORGAN, Circuit Judges, and DAVIS, Judge of the United States Court of Claims.

WISDOM, Circuit Judge:

The United States has condemned certain lands in Brevard County, Florida for use in connection with the Space Program. This suit resulted from a dispute over rights to the condemnation proceeds. The intervenor, Sarah Walker, contends that the right to redeem land willed to her by her husband, but taken by the State for non-payment of taxes, did not end when the State auctioned the land, since the auction was procedurally faulty. She contends...

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