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UNITED STATES v. KITTREDGE

No. 29160.

445 F.2d 1117 (1971)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Conway D. KITTREDGE, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

June 18, 1971.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Shiro Kashiwa, Asst. Atty. Gen., S. Billingsley Hill, Jacques B. Gelin, Edmund B. Clark, David W. Miller, Attys., Dept. of Justice, Washington, D. C., for the United States.

Charles E. Davis, William F. Simonet, of Fishback, Davis, Dominick, Simonet & Salfi, Orlando, Fla., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

In March, 1941, on the eve of World War II, the city of Orlando, Florida entered into a written agreement with the United States, executed on its behalf by the Corps of Engineers, relating to land and facilities for use by the Army Air Corps as a military airport. For $1.00 a year the city leased to the government lands adjacent to its airport and granted to the government "the full and unrestricted use by the Government concurrently

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