FULCHER v. UNITED STATES

No. 78-1552.

604 F.2d 295 (1979)

Arthur J. FULCHER, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 1979.


Attorney(s) appearing for the Case

Daniel D. Khoury, Manteo, N. C. (Christopher L. Seawell, Aldridge & Seawell, Manteo, N. C., on brief), for appellant.

Robert L. Klarquist, Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Washington, D. C., George M. Anderson, U. S. Atty., Bruce H. Johnson, Asst. U. S. Atty., Raleigh, N. C., Charles E. Biblowit, Dept. of Justice, Washington, D. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, HALL, Circuit Judge, and WARRINER, District Judge.


K. K. HALL, Circuit Judge:

The single issue presented in this appeal is the validity of the United States' title to property taken in a condemnation proceeding, where no actual notice of the proceedings was sent to the property's owner although his identity could have been discovered by a diligent title search. We hold that title passes when the government has properly invoked the in rem jurisdiction of the condemnation...

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