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FELICIANO v. UNITED STATES

No. 7388.

422 F.2d 943 (1970)

Ramon FELICIANO et al., Plaintiffs, Appellants, v. UNITED STATES of America et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 11, 1970.

Attorney(s) appearing for the Case

Juan R. Torruella, Hato Rey, P.R., with whom Jose A. Suro and Alberto Pico, San Juan, P.R., were on brief, for appellants.

Kevin T. Maroney, Atty., Dept. of Justice, with whom J. Walter Yeagley, Asst. Atty. Gen., and Walter A. Oleniewski, Atty., Dept. of Justice, were on brief, for appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

For the reasons stated in the thoughtful opinion of the district court, 297 F.Supp. 1356 (D.P.R. 1969), we affirm the court's determination that the present use of the Culebra Island Naval Defensive Sea Area is within the Congressional authorization and the discretion of the President, and that such use does not constitute a taking of plaintiff's property or freedom of movement without due process of law, the only...

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