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ASSATEAGUE ISLAND CONDEMNATION CASES OPINION NO. 5

Civ. Nos. 20667-T, 72-8-T.

356 F.Supp. 357 (1973)

ASSATEAGUE ISLAND CONDEMNATION CASES OPINION NO. 5. UNITED STATES of America v. CERTAIN LAND Situate IN the COUNTY OF WORCESTER, STATE OF MARYLAND, and Ocean Beach, Inc., a Maryland corporation, et al. UNITED STATES of America v. 128.25 ACRES OF LAND, Situate IN the COUNTY OF WORCESTER, STATE OF MARYLAND, and Otto M. Matirko, et al.

United States District Court, D. Maryland.

February 21, 1973.

Attorney(s) appearing for the Case

Stanley J. Fineman and Philip M. Zeidner, Attys., Lands Div. Dept. of Justice, Washington, D. C., and George Beall, U. S. Atty., Baltimore, Md., for the United States.

Robert B. Barnhouse and Piper & Marbury, Baltimore, Md., for Robert S. Clements et ux.

THOMSEN, District Judge.

The case dealt with in this opinion is different from all the others which have gone to trial in these proceedings, in that it involves:

(1) A lot improved by one of the few dwellings on Assateague Island north of the Virginia line and south of the State park;1

(2) A 29.44 acre tract,2 of which a part is under water, a part is subject to

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