Cloide C. BRANNING, d/b/a Pleasant Point Plantation, a Partnership, Plaintiff, and
Morgan Guaranty Trust Company of New York; Bankers Trust of South Carolina; Citizens and Southern Financial Corporation; J. B. Kinghorn and A. M. Kinghorn, d/b/a Kinghorn Building Supply Co.; South Carolina Tax Commission; Southern Turf Grass Seeds, Inc.; and Uniroyal, Inc., Third-Party Plaintiffs,
v.
The UNITED STATES, Defendant.
United States Court of Claims.https://leagle.com/images/logo.png
July 1, 1981.
July 1, 1981.
Attorney(s) appearing for the Case
Francis H. Clabaugh, Beaufort, S. C., for plaintiff; Barry L. Johnson, Beaufort, S. C., atty. of record. Dowling, Sanders, Dukes, Novit & Svalina, P. A., Beaufort, S. C., of counsel.
Joseph R. Bankoff, Atlanta, Ga., atty. of record, for Morgan Guaranty Trust Co. of New York. King & Spalding, Atlanta, Ga., of counsel.
George H. O'Kelley, Beaufort, S. C., atty. of record, for Bankers Trust of South Carolina; J. B. Kinghorn and A. M. Kinghorn, d/b/a Kinghorn Building Supply Co.; Southern Turf Grass Seeds, Inc.; and Uniroyal, Inc.
John W. Minor, Hilton Head Island, S. C., atty. of record, for Citizens and Southern Financial Corp. Adams, Adams, Brennan, Gardner & Hughes, Hilton Head Island, S. C., of counsel.
Daniel R. McLeod, Columbia, S. C., atty. of record, for South Carolina Tax Commission.
James E. Brookshire, Columbia, S. C., with whom was Asst. Atty. Gen. Carol E. Dinkins, Washington, D. C., for defendant. Peter D. Coppelman, Walter J. Postula, and Joseph J. McGovern, Dept. of Justice; Veronica Meade and Edward Passarelli, Dept. of the Navy; and Captain John L. Wittenborn, United States Air Force, Washington, D. C., of counsel.
Before NICHOLS, KASHIWA and SMITH, Judges.
United States Court of Claims.
OPINION
PER CURIAM:
This case is before the court on exceptions to the report of Trial Judge Francis C. Browne.
After consideration of the briefs and oral argument of the parties, we adopt the report, as modified, as an opinion of this court. Because we find it unnecessary to reach the issue of whether there was a "sonic" easement, we delete that portion of the report discussing the issue. Additionally, we delete that portion of the report dealing...
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