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UNITED STATES v. DENBY

No. 74-1440.

522 F.2d 1358 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Lela DENBY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 19, 1975.

Attorney(s) appearing for the Case

Roby Hadden, U. S. Atty., Nancy L. James, Asst. U. S. Atty., Tyler, Tex., Lawrence E. Shearer, App. Section, Carl Strass, Atty., Wallace H. Johnson, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Bill F. Griffin, Jr., Charles C. Dickerson, Center, Tex., for defendants-appellees.

Before GEWIN and SIMPSON, Circuit Judges, and NICHOLS, Associate Judge.

Rehearing and Rehearing En Banc Denied December 19, 1975.

SIMPSON, Circuit Judge:

The dispute underlying this appeal involves the title to a triangular parcel of land comprising 9.365 acres located in Shelby County, Texas, in or adjacent to the Sabine National Forest. The defendants-appellees, Lela Denby, et al. (hereinafter sometimes referred to collectively as "Denby" or "the Denbys") enclosed the disputed parcel with a wire fence in 1968. The government...

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