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UNITED STATES v. 371.94 ACRES OF LAND, ETC., CO. OF OBION, TENN.

No. 20144.

431 F.2d 975 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. 371.94 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF OBION, STATE OF TENNESSEE, Frances Smith Warlick, Hulon O. Warlick, III, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

September 22, 1970.

Attorney(s) appearing for the Case

E. Brady Bartusch, Memphis, Tenn., for defendants-appellants; Frank B. Gianotti, Hulon O. Warlick, Memphis, Tenn., on brief.

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee; Shiro Kashiwa, Asst. Atty. Gen., George R. Hyde, Atty., Dept. of Justice, Washington, D. C., Thomas F. Turley, Jr., U. S. Atty., Memphis, Tenn., on brief.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Western District of Tennessee in a condemnation suit brought by the United States. The principal issue on appeal concerns the ownership of three tracts of the condemned land which were claimed both by the State of Tennessee and by the Appellants — Frances Smith Warlick and Hulon O. Warlick. The District Court held that the State of Tennessee had adversely...

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