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UNITED STATES v. 2,606.84 ACRES OF LAND IN TARRANT CO., TEX.

No. 28390.

432 F.2d 1286 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. 2,606.84 ACRES OF LAND IN TARRANT COUNTY, TEXAS, and Frank Corn, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 9, 1970.

Attorney(s) appearing for the Case

Shiro Kashiwa, Asst. Atty. Gen., Eldon B. Mahon, U. S. Atty., Fort Worth, Tex., Claude D. Brown, Asst. U. S. Atty., Fort Worth, Tex., Roger P. Marquis, Robert McKee, George R. Hyde, Attys., Department of Justice, Washington, D. C., for the appellant.

Cantey, Hanger, Gooch, Cravens & Munn, R. Daniel Settle, Carlisle Cravens, Fort Worth, Tex., for appellees; Cantey, Hanger, Gooch, Cravens & Munn, Fort Worth, Tex., of counsel.

Before GEWIN, GOLDBERG and SIMPSON, Circuit Judges.

GOLDBERG, Circuit Judge:

In this condemnation proceeding the government appeals from a final judgment setting aside a declaration of taking1 for the Benbrook Dam and Reservoir in Tarrant County, Texas. The judicial asides and interregnum of the Benbrook project cover a span of many years, and mere time has not laid its problems to rest. Now, more than twenty years after the land was taken by the United States and years after water began...

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