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UNITED STATES v. STANTON

No. 73-2266.

495 F.2d 515 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. Adria Smith STANTON et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 17, 1974.

Attorney(s) appearing for the Case

Nancy L. James, Asst. U. S. Atty., Roby Hadden, U. S. Atty., Tyler, Tex., Eva R. Datz, Atty., Wallace H. Johnson, Asst. Atty. Gen., Jacques B. Gelin, Atty., Appellate Sec., Dept. of Justice, Land & Natural Resources Div., Washington, D. C., for plaintiff-appellant.

W. G. Walley, Jr., Beaumont, Tex., for defendants-appellees.

Before DYER, MORGAN and RONEY, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

In 1971, the United States filed suit to quiet title on a 77-acre tract in the Sabine National Forest in Texas.1 The United States claimed title to the entire tract under a general warranty deed dated December 27, 1935, and by adverse possession under the three, five, ten and 25-year statutes of Texas (Vernon's Ann.Civ.St. Arts. 5507, 5509, 5510, 5519). The district...

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