U. S. v. CERTAIN LAND LOCATED IN CTY. OF BARNSTABLE

Nos. 80-1462, 80-1633.

674 F.2d 90 (1982)

UNITED STATES of America, Appellee, v. CERTAIN LAND LOCATED IN the COUNTY OF BARNSTABLE, COMMONWEALTH OF MASSACHUSETTS, E. Bennett Beede, et al., Defendants, Appellees. Grace Bessay, Executrix of the Estate of Andrew D. Fuller, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 19, 1982.


Attorney(s) appearing for the Case

William P. Homans, Jr., Boston, Mass., with whom Homans, Hamilton, Dahmen & Marshall, Boston, Mass., was on brief, for appellant.

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., with whom William F. Weld, U. S. Atty., Boston, Mass., Anthony C. Liotta, Deputy Asst. Atty. Gen., Washington, D. C., Kenneth P. Nasif, Asst. U. S. Atty., Boston, Mass., and Anne S. Almy, Atty. Dept. of Justice, Washington, D. C., were on brief, for appellee, United States of America.

Philip R. White, Jr., Boston, Mass., with whom Hutchins & Wheeler, Boston, Mass., was on brief, for appellees E. Bennett Beede, et al.

Before ALDRICH and CAMPBELL, Circuit Judges, TORRUELLA, District Judge.


BAILEY ALDRICH, Senior Circuit Judge.

Pursuant to the Cape Cod National Seashore Act, 16 U.S.C. §§ 459b to 459b-8, the government took a sizable portion of outer Cape Cod, Massachusetts, for a park, procedurally by filing a declaration of taking in the district court and depositing substantial sums to be paid to whomever may be entitled. The segment presently concerned, hereinafter the locus, lies between Provincetown and Truro and extends, shore to shore...

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