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U. S. v. 410.69 ACRES OF LAND, ETC.

No. 79-2228 Summary Calendar.

608 F.2d 1073 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. 410.69 ACRES OF LAND, MORE OR LESS IN ESCAMBIA COUNTY, STATE OF FLORIDA, and Perdido Key, Inc., et al., and Unknown Owners, Defendants, Perdido Key, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 23, 1980.

Attorney(s) appearing for the Case

John R. Farrell, Buchbinder & Elegant, Ira M. Elegant, Miami, Fla., for defendant-appellant.

Nickolas P. Geeker, U. S. Atty., Pensacola, Fla., Anne S. Almy, James W. Moorman, Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., Arnold M. Weiner, Atty., Dept. of Justice, Miami, Fla., for plaintiff-appellee.

Before AINSWORTH, FAY and RANDALL, Circuit Judges.

PER CURIAM:

We are called upon in this appeal to determine whether on the facts of the case before us the Government abandoned its condemnation proceedings within the meaning of Section 304(a)(2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4654(a)(2) (1976), so as to entitle the landowner to reimbursement of the litigation expenses incurred by it in the proceedings. The...

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