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UNITED STATES v. 329.73 ACRES OF LAND, ETC.

No. 80-3520.

666 F.2d 281 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. 329.73 ACRES OF LAND, SITUATED IN GRENADA AND YALOBUSHA COUNTIES, STATE OF MISSISSIPPI, and J. G. Carter et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 24, 1982.

Attorney(s) appearing for the Case

Maria A. Iizuka, James W. Moorman, Jacques B. Gelin, Dept. of Justice, Lands Div., Washington, D. C., for plaintiff-appellant.

Oscar P. Mackey, Jackson, Miss., E. Russell Blair, Oxford, Miss., Jim R. Bruce, Jackson, Miss., for defendants-appellees.

Before GEE and RUBIN, Circuit Judges, and SPEARS, District Judge.

PER CURIAM:

The appellant, United States of America, filed two actions in federal court in 1977 for the purpose of acquiring flowage easements over two separate tracts of land owned by appellee, Billy D. Benoist.1 The flowage easements were taken in connection with the Grenada Lake, Yazoo Basin Headwater Project, in Mississippi.2 In October of 1977, the court appointed...

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