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UNITED STATES v. 564.54 ACRES OF LAND, MORE OR LESS

No. 77-1238.

576 F.2d 983 (1978)

UNITED STATES of America v. 564.54 ACRES OF LAND, MORE OR LESS, situated IN MONROE AND PIKE COUNTIES, COMMONWEALTH OF PENNSYLVANIA, and Benedict F. Pastorini, et al., Southeastern Pennsylvania Synod of Lutheran Camp of America. Appeal of SOUTHEASTERN PENNSYLVANIA SYNOD OF LUTHERAN CAMP OF AMERICA.

United States Court of Appeals, Third Circuit.

Decided March 27, 1978.

Attorney(s) appearing for the Case

H. Ober Hess, M. Carton Dittmann, Jr., Peter M. Mattoon, Henry W. Asbill, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellant.

James W. Moorman, Acting Asst. Atty. Gen., Peter R. Taft, Edmund B. Clark, Attys., U. S. Dept. of Justice, Washington, D. C., Peter H. Ruvolo, Trial Atty., Dept. of Justice, Brooklyn, N. Y. and Peter R. Steenland, Jr., Atty., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before ROSENN and VAN DUSEN, Circuit Judges, and STERN, District Judge.

OPINION ANNOUNCING JUDGMENT OF THE COURT

VAN DUSEN, Circuit Judge.

The principal issues in this appeal are whether the jury, charged with determining damages owed by the United States to the Southeastern Pennsylvania Synod of the Lutheran Church in America ("Synod") for land taken under the power of eminent domain, was properly instructed in the law and whether the jury was sufficiently misled by a remark made by counsel for the Government to require a new...

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