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UNITED STATES v. 1,078.27 ACRES OF LAND, GALVESTON CO., TEX.

No. 29912.

446 F.2d 1030 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. 1,078.27 ACRES OF LAND, MORE OR LESS, SITUATED IN GALVESTON COUNTY, TEXAS and Galveston City Company, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 16, 1971.

Attorney(s) appearing for the Case

Preston Shirley, Mills, Shirley, McMicken & Eckel, Galveston, Tex., for defendants-appellants.

Anthony J. P. Farris, U. S. Atty., Houston, Tex., Dirk D. Snel, Atty., Shiro Kashiwa, Asst. Atty. Gen., George R. Hyde, Atty., Appellate Section, Dept. of Justice, Washington, D. C., William L. Bowers, Jr., Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM, THORNBERRY and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 16, 1971.

DYER, Circuit Judge:

"Facts relevant to this title dispute have been developing since Jean Lafitte was appointed Governor of Galveston Island in 1819 by the Republic of Mexico."1 One hundred and forty years later, in 1959, the United States brought suit to remove cloud and, in the alternative, to condemn whatever interest defendant City Company2

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