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  5. 571 F.2d 1294 (1978)
 

NATURE CONSERVANCY v. MACHIPONGO CLUB, INC.

Nos. 76-2086 and 76-2087.

571 F.2d 1294 (1978)

The NATURE CONSERVANCY, Appellee, v. MACHIPONGO CLUB, INC., a West Virginia Corporation, Appellant. The NATURE CONSERVANCY, Appellant, v. MACHIPONGO CLUB, INC., a West Virginia Corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1978.

Attorney(s) appearing for the Case

Allan Gates, Washington, D. C. (Timothy B. Atkeson, Washington, D. C., Hardy Wieting, Jr., Arlington, Va., on brief), for appellee in No. 76-2086 and for appellant in No. 76-2087.

Herbert H. Bateman, Newport News, Va. (William W. Talbot, Webster Springs, W. Va., on brief), for appellant in No. 76-2086 and for appellee in No. 76-2087.

Anthony F. Troy, Atty. Gen. of Virginia, and James E. Moore, Asst. Atty. Gen, Richmond, Va., on brief, for amicus curiae Commonwealth of Virginia.

Before WINTER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.

WINTER, Circuit Judge:

This diversity action presents questions of the respective property interests of plaintiff, The Nature Conservancy (Conservancy), and defendant, Machipongo Club, Inc. (Machipongo), in and to Hog Island, a barrier island lying off the Atlantic Coast of Virginia's eastern shore. Conservancy acquired title to substantially all of the land on the northern end of the island by purchase from Edward O'Neil...

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