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UNITED STATES v. 45,149.58 ACRES OF LAND, ETC.

Nos. 77-0029-CIV-2, 77-0030-CIV-2.

455 F.Supp. 192 (1978)

UNITED STATES of America v. 45,149.58 ACRES OF LAND, MORE OR LESS, situated IN DARE COUNTY, STATE OF NORTH CAROLINA and First Colony Farm, Inc., et al. FIRST COLONY FARMS, INC., Simon B. Rich, Jr. and Robert N. Campbell, Jr. v. Harold BROWN, in his official capacity as Secretary, Department of Defense, Department of Defense Building, the Pentagon, Washington, D. C., et al.

United States District Court, E. D. North Carolina, Elizabeth City Division.

July 7, 1978.

Attorney(s) appearing for the Case

W. B. Carter, Jr., Samuel G. Grimes of Carter, Archie & Grimes, Washington, N. C., John H. Hall, Jr., Elizabeth City, N. C., Edward A. McDermott, Jr., of Ragan & Mason, Washington, D. C., for defendants in No. 77-0029-CIV-2, and for plaintiff in No. 77-0030-CIV-2.

George M. Anderson, U. S. Atty. by Bruce H. Johnson, Chief, Land and Natural Resources Section, Raleigh, N. C., Max E. Findley, Gary M. Peterson, Attys., U. S. Dept. of Justice, Land and Natural Resources Division, Washington, D. C., for plaintiff in No. 77-0029-CIV-2 and for defendants in No. 77-0030-CIV-2.

MEMORANDUM OPINION AND ORDER

LARKINS, Chief Judge:

On January 12, 1978, this Court entered an ORDER which consolidated the two above-referenced actions pursuant to F.R. Civ.P. 42(a), as they present common questions of law. The January 12, 1978 ORDER further stated that the Counts contained in the Complaint in No. 77-0030-Civ-2, wherein First Colony Farms, Inc. [hereafter First Colony] is Plaintiff, were to be treated as objections and defenses to the Declaration...

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