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UNITED STATES v. 1,629.6 ACRES OF LAND,. CTY. OF SUSSEX, DEL.

Nos. 73-1832-73-1834.

503 F.2d 764 (1974)

UNITED STATES of America, Appellant in No. 73-1832, v. 1,629.6 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF SUSSEX, STATE OF DELAWARE, et al. Appeal of Jennie H. J. LAYTON, in Nos. 73-1833/4.

United States Court of Appeals, Third Circuit.

Decided September 3, 1974.

As Amended October 9, 1974.

Attorney(s) appearing for the Case

Wallace H. Johnson, Washington, D.C., Ralph Keil, Wilmington, Del., Harry W. McKee, Raymond N. Zagone, Carl Strass, Washington, D.C., for appellant, United States.

James M. Tunnell, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Ralph J. Luttrell, Washington, D.C., for The Island Farm, Inc.

H. James Conaway, Jr., Young, Conaway, Stargatt & Taylor, Jack B. Jacobs, Doris M. Toll, Richard A. Levine, Wilmington, Del., for Jennie H. J. Layton.

Before ROSENN and HUNTER, Circuit Judges and HANNUM, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal arises out of a suit by the United States government to condemn 1,629.6 acres of land in Sussex County, Delaware. The defendants in the action were Island Farm, Inc. (Island Farm) and Jennie H. J. Layton (Layton). The government and Layton have appealed from the decision of the district court and Island Farm has responded with a motion that seeks dismissal of Layton's appeal or in the alternative...

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