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DEAKYNE v. DEPARTMENT OF ARMY

Civ. A. No. 78-344.

530 F.Supp. 1322 (1982)

David W. DEAKYNE, Plaintiff, v. DEPARTMENT OF ARMY, et al., Defendants.

United States District Court, D. Delaware.

January 29, 1982.

Attorney(s) appearing for the Case

John H. Benge, Jr., Wilmington, Del., and Basil C. Clare, Ridley Park, Pa., Allmond, Eastburn & Benge, Wilmington, Del., for plaintiff.

Joseph J. Farnan, Jr., U. S. Atty. and John X. Denney, Jr., Asst. U. S. Atty., Dept. of Justice, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This action to quiet title was brought by plaintiff, David W. Deakyne, against the United States. Jurisdiction is based on 28 U.S.C. §§ 1346(f), 1402(d) and 2409a. Presently before the Court are the parties' cross motions for summary judgment.

The dispute concerns the ownership of 2.25 acres of marsh land located in the Town of Lewes, Sussex County, Delaware. In 1887 the State of Delaware by statute...

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