U.S. v. 162.20 ACRES OF LAND, MORE OR LESS, ETC.

No. 80-3707.

639 F.2d 299 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. 162.20 ACRES OF LAND, MORE OF LESS, SITUATED IN CLAY COUNTY, STATE OF MISSISSIPPI, and F. E. Uithoven et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied April 15, 1981.


Attorney(s) appearing for the Case

Thomas R. Trout, New Albany, Miss., A. Rufus Ward, West Point, Miss., J. Arthur Smith, III, Baton Rouge, La., for defendants-appellants.

H. M. Ray, U. S. Atty., Oxford, Miss., Jacques B. Gelin, James W. Moorman, Anne S. Almy, Ann P. Gailis, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GOLDBERG, GARZA and TATE, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 15, 1981.

GARZA, Circuit Judge:

We are squarely confronted with an issue of law which this court has never addressed: is alleged noncompliance by federal authorities with the mandate of Section 470f of the National Historic Preservation Act of 1966, [NHPA], 16 U.S.C. § 470 et seq., a legally sufficient defense to the condemnation of private property for use in a federal project under the Declaration...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases