FULCHER v. U.S.

Nos. 82-1212, 82-1246.

696 F.2d 1073 (1982)

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

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1982.


Attorney(s) appearing for the Case

Robert L. Klarquist, Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Samuel T. Currin, U.S. Atty., Joseph T. Knott, III, Asst. U.S. Atty., Raleigh, N.C., Dirk D. Snel, Dept. of Justice, Washington, D.C., on brief), for appellant/cross-appellee.

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

Before PHILLIPS, MURNAGHAN, and ERVIN, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

The United States appeals a magistrate's order awarding compensation to Arthur J. Fulcher, Jr., for lands taken by the government for inclusion in the Cape Hatteras National Seashore Recreational Area. The magistrate found that Fulcher had brought a timely and well-founded claim under the Quiet Title Act, 28 U.S.C. § 2409a, and awarded compensation accordingly. Because we find that Fulcher's claim is time-barred under the...

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