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UNITED STATES v. 252.36 ACRES OF LAND

Civ. A. No. 67-558.

336 F.Supp. 667 (1972)

UNITED STATES of America, Plaintiff, v. 252.36 ACRES OF LAND, Defendant.

United States District Court, W. D. Pennsylvania.

January 13, 1972.

Attorney(s) appearing for the Case

Joel B. Strauss, Asst. U. S. Atty., Pittsburgh, Pa., Anthony R. Sluga, George L. Carpenter, Dept. of Justice, Washington, D. C., for plaintiff.

Martin Cusick, Sharon, Pa., Fitch & Kendall, Salem, Ohio, Bernard J. Wilkes, Youngstown, Ohio, for defendant.

OPINION

DUMBAULD, District Judge.

In the pending land condemnation case, the owners and the federal government are in disagreement as to whether certain sand and gravel processing machinery located on the tract taken at the time taken are or are not compensable as being part of the real estate under the Pennsylvania industrial plant doctrine. Testimony has been taken, and it is believed that a reasoned ruling by the Court on this preliminary issue may expedite...

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