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UNITED STATES v. 564.54 ACRES OF LAND, ETC.

No. 74-1502.

506 F.2d 796 (1974)

UNITED STATES of America, Appellee, v. 564.54 ACRES OF LAND, MORE OR LESS, situate IN MONROE AND PIKE COUNTIES, COMMONWEALTH OF PENNSYLVANIA, and Benedict F. Pastorini, et al. Appeal of SOUTHEASTERN PENNSYLVANIA SYNOD OF the LUTHERAN CHURCH IN AMERICA.

United States Court of Appeals, Third Circuit.

Decided December 30, 1974.

Attorney(s) appearing for the Case

Wallace H. Johnson, Asst. Atty. Gen., Peter A. Ruvolo, Carl Strass, Lawrence E. Shearer, Attys., Dept. of Justice, Washington, D. C., for appellee.

H. Ober Hess, Peter M. Mattoon, John V. Bonneau, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellant Southeastern Pennsylvania Synod of the Lutheran Church in America.

Joseph C. Kreder, Warren, Henkelman, McMenamin & Kreder, Scranton, Pa., for appellants.

Before HASTIE, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This interlocutory appeal which the district court certified involves a controlling question of law as to which there is a substantial ground for a difference of opinion. The appeal was permitted by this Court pursuant to 28 U.S.C. § 1292(b). The order appealed from arose in an action by the United States for the condemnation of three recreational camps in the proposed Tocks Island recreational area which...

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